Coulter v. United States of America (INMATE3)
Filing
6
OPINION. Signed by Honorable Judge Myron H. Thompson on 7/12/11. (scn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
SAMUEL COULTER,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.
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CIVIL ACTION NO.
3:11cv551-MHT
(WO)
OPINION
On
July
8,
2011,
pursuant
to
28
U.S.C.
§
2255,
petitioner Samuel Coulter, a federal inmate, filed this
lawsuit seeking habeas relief.
March 10, 2011.
Coulter was sentenced on
The court imposed a one-month sentence of
imprisonment, to be served on 15 consecutive weekends
beginning July 2, 2011, to be followed by a three-year
term of supervised release.
Coulter now charges that his
sentence is illegal because Congress has not authorized
intermittent or weekend confinement for a sentence of
imprisonment.
See 18 U.S.C. § 3621(a) (stating that a
person “shall be committed to the custody of the Bureau
until the expiration of the term imposed”).
The Bureau of
Prisons has similarly informed the court that it cannot
carry out the weekend sentence as fashioned.
Moreover,
Coulter, respondent United States of America, and the
court agree that it was the intent of the court that
Coulter
serve
a
consecutive-weekend,
rather
than
continuous, sentence so that he could continue with his
employment
and
a
drug-treatment
program.
For
these
reasons, Coulter has asked the court to set aside his
sentence so that it may be corrected.
The United States
has orally informed the court that it does not object to
the requested habeas relief.
An appropriate judgment will therefore be entered
granting habeas relief and vacating Coulter’s sentence.
DONE, this the 12th day of July, 2011.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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