Easterbrook v. Clay

Filing 28

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 10/6/17. (SAC )

FILED
2017 Oct-06 AM 10:16
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CLAIR JOHN EASTERBROOK,
Petitioner
vs.
WARDEN CLAY,
Respondent

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Case No. 2:16-cv-00736-KOB-HNJ

MEMORANDUM OPINION
On August 30, 2017, the magistrate judge entered a report recommending that
the court deny the habeas petition brought pursuant to 28 U.S.C. § 2241. (Doc. 22).
On September 6, 2017, petitioner filed objections to the report. (Doc. 24).
In his objections, the petitioner argues that the magistrate judge “failed to
address the jail time credit as a downward departure pursuant to U.S.S.G. § 5K1.1,”
and that the sentencing judge’s oral pronouncement should prevail when a conflict
exists between the judge’s oral and written pronouncement of judgment. (Doc. 24).
However, neither of these objections have merit. As explained by the magistrate
judge in his report, the BOP correctly determined the date the petitioner’s federal
sentence commenced and the amount of presentence credit to which the petitioner

was entitled. The BOP cannot give the petitioner credit towards his federal sentence
that has already been credited toward his state sentence. (Doc. 24 at 9) (“Because
petitioner received state credit towards his state sentence from March 16, 2009, to
February 11, 2011, including the period he was in pretrial custody of the United States
Marshal Service, § 3585(b) prevents crediting that time toward his federal sentence.”).
Therefore, the court OVERRULES all of the petitioner’s objections.
After careful de novo review of the record in this case, including the magistrate
judge’s report and recommendation and the petitioner’s objections, the court hereby
ADOPTS the report of the magistrate judge and ACCEPTS his recommendation.
The court finds that the petition for writ of habeas corpus is due to be denied.
The court will enter a separate order in conformity with this Memorandum
Opinion.
DONE and ORDERED this 6th day of October, 2017.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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