Piro v. Duncan
Filing
8
ORDER re 1 PETITION for Writ of Habeas Corpus filed by Sylvester Leonard Piro. ORDERED Petition is DENIED and this matter is DISMISSED WITHOUT PREJUDICE. Clerk of Court shall enter judgment and close its file in this matter. ***See attached PDF for complete information***. Signed by Judge Cindy K Jorgenson on 2/3/09. (CLJ, )
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
SYLVESTER LEONARD PIRO, Petitioner, vs. DAVID DUNCAN, Warden, Respondent.
) ) ) ) ) ) ) ) ) )
No. CIV 08-491-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 a Return and and Answer.
Factual and Procedural Background On March 8, 2007, Petitioner Sylvester Leonard Piro ("Piro") was sentenced to a 97 month term of incarceration, to be followed by a 60 month term of supervised release, for Aggravated Sexual Abuse with Children and Crime on an Indian Reservation in violation of 18 U.S.C. §§ 2241(c), 2246(2)(D), and 1153 in the United States District Court for the District of New Mexico. On November 15, 2007, Piro filed his Petition under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody. Piro asserts that he is entitled to an additional 248 days of pre-sentence credit against his federal sentence for time spent in a halfway house while on pre-sentence conditions of bail release. On November 6, 2008,
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
Respondent filed a Return and Answer.
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?