Gay v. Winn
Filing
8
ORDER DISMISSING CASE with Prejudice. Clerk of the Court to enter Judgment and close the file in this matter. Signed by Judge Cindy K Jorgenson on 2/4/09. (LSI, ) Modified on 2/5/2009 (LSI, ) WO added.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
WO
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
TODD W. GAY, Petitioner, vs. LOUIS WINN, Respondent.
) ) ) ) ) ) ) ) ) )
No. CIV 08-273-TUC-CKJ ORDER
Pending before the Court is Petitioner's Petition under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody. Respondent has filed an Answer and Motion to Dismiss.
Factual and Procedural Background On December 10, 1992, Petitioner Todd W. Gay ("Gay") was serving a state sentence in the State of Texas when he was "borrowed" from the State of Texas pursuant to a writ of habeas corpus ad prosequendum. On May 18, 1993, Gay was sentenced to an aggregated 170 month term of imprisonment for Conspiracy to Commit Bank Robbery in violation of 18 U.S.C. § 371, Bank Robbery and Aiding and Abetting in violation of 18 U.S.C. § 2113(a) and (d)(2), and Felon in Possession of a Firearm in violation of 18 U.S.C. § 922(g) in the United States District Court for the Northern District of Texas. In sentencing Gay, United
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
States District Judge Joe A. Fish stated: . . . [I]t appears that Mr. Gay has been on writ to federal custody since December 10, 1992. And I think that I can give Mr. Gay credit against the custody sentences just imposed for time that he has been in our custody since December 10, 1992. But the fact that it was necessary to bring him here on a writ indicates to me that he is currently in the custody of the State of Texas, and I don't think I have the power by judicial fiat to take him out of the custody of the State of Texas. Rather, he is here only for purposes of these proceedings, and on their conclusion, I think the only thing I can do is to remand him to the custody of State of Texas for completion of whatever sentences he is serving with the State of Texas. So I will order that upon completion of these proceedings that Mr. Gay be returned to the State of Texas and that the federal sentences will commence when he is released from custody by the State of Texas, although at that time as I said earlier I think he should be entitled for time served from December 10, 1992 until today. Petition, Ex. C. The Bureau of Prisons contacted Judge Fish requesting him to clarify his intent at the time of Gay's sentencing. Answer, Ex. 5. Judge Fish responded: I had no reason, at the time Gay was sentenced, to depart from the usual rule that sentenced imposed at different times, for unrelated crimes, should ordinarily be consecutive to one another. Therefore, any intent was that his federal sentence should begin once he had satisfied his obligation to the state of Texas. Answer, Ex. 6. On June 2, 1993, Gay was returned to the State of Texas officials to complete his state sentence. Gay was paroled by the State of Texas on April 21, 2000. Gay was received into Federal Bureau of Prisons custody on July 28, 2000. Respondent asserts that Gay began receiving sentence credit on his federal sentence on April 21, 2000. Gay does not dispute this assertion. On April 28, 2008, while incarcerated at FCI Tucson, Arizona, Gay filed his Petition under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody. Gay asserts that additional time spent in custody prior to his sentencing should be credited against his federal sentence. On June 9, 2008, Respondent filed an Answer to Petition and Motion to
Dismiss.
..... .....
-2-
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Jurisdiction of the Court "Federal courts are always
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?