Carrillo v. Federal Bureau of Prisons, et al
Filing
12
ORDER re 1 PETITION for Writ of Habeas Corpus, filed by Edward Carrillo, Jr. ORDERED Petition is DENIED and this matter is DISMISSED WITH PREJUDICE. Clerk of Court shall enter Judgment and then close its file in this matter. ***See attached PDF for complete information***. Signed by Judge Cindy K Jorgenson on 2/3/09. (CLJ, )
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WO
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
) ) ) Petitioner, ) ) vs. ) FEDERAL BUREAU OF PRISONS, et) ) al., ) ) Respondents. ) EDWARD CARRILLO, JR.,
No. CIV 08-520-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. Respondents have filed a Response and an Amended Declaration and Petitioner has filed a Reply.
Factual and Procedural Background Petitioner Edward Carrillo, Jr., ("Carrillo") was arrested by the Maricopa County Sheriff's Department on state fraud charges on March 2, 2005. He was released on bond on March 4, 2005. Carrillo was again arrested on state fraud charges on July 19, 2005. Carrillo was sentenced by the State of Arizona to a term of five years imprisonment on July 28, 2006. Carrillo received 374 days of presentence credit on his Arizona sentence. Carrillo is projected to complete this sentence on August 15, 2009. On September 20, 2006, Carrillo was brought into federal custody via a writ of habeas corpus ad prosequendum. Carrillo was sentenced to a 37 month term of imprisonment, to be followed by three years of supervised release, for mail fraud in violation of 18 U.S.C. § 1342
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in the District of Arizona on February 5, 2007.
This sentence was ordered to run
concurrently with Carrillo's Arizona sentence. Carrillo's federal sentence is projected to be completed on October 8, 2009. Carrillo was returned to state custody on February 14, 2007. On September 18, 2008, Carrillo filed his Petition under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody. Carrillo asserts that time spent in custody prior to his sentencing should be credited against his federal sentence. On November 4, 2008,
Respondents filed an Answer and Response and, on November 21, 2008, filed an Amended Declaration. On November 21, 2008, Carrillo filed a Reply.
Jurisdiction of the Court "Federal courts are always
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