Fields v. USA

Filing 2

ORDER directing the Clerk to transfer the 1 Petition for Writ of Habeas Corpus 2241 filed by Zimbabwe H. Fields to the Eastern District of Kentucky. Signed by Magistrate Judge G. R. Smith on 3/7/18. (wwp) [Transferred from gasd on 3/7/2018.] (Main Document 2 replaced on 3/7/2018) (TDA).

T]NITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAII DIVISION
UNITED STATES OF AMERICA,

)
)
)

cR411-201

ZIMBABWE H. FIELDS,
Defendant.

ORDER
Zimbabwe Fields was procured from state custody pursuant to a
writ of habeas corpus ad proseguendum in August 2011 (docs. 5 & 10)
until sentencing. See docs.24 (guilty plea to one count of possessionof
a stolen firearm in violation of 1E U.S.C. S 922(j)) & 25 (sentencefor 108
months' imprisonment).

Fields $tas returned to state custody and there

sentenced to "10 months & 3 days" for his probation revocation,l to be
served concurrently with his federal sentence. See doc. 27-7.

He

remained in state custody for the duration of that sentence. 1d. Some
time after being transferred to federal custody to commence serving his
federal sentence, Fields moved for an "order awarding jail time credit

1 He had been on probation when he was arrested for possession of a firearm as a
felon in June 2011. After his federal sentence was imposed and he was returned to
state custody, the state revoked his pr.obation and imposed a l0-month sentence for
that revocation. See doc. 27 at2.

for time spent while in federal custody" prior to sentencing (r.e., from
August 2011 through March 2A12, when he was returned to state
custody). Doc. 27 at 2-3. That motion was summarily dismissed for
lack ofjurisdiction, as the Bureau of Prisons has the exclusive authority
to make those sort of sentencing calculations. Doc. 29i see Eodriguez v.
L a m a r , 6 0 F . 3 d 7 4 5 , 7 4 6( t t t n C i r . t g g s ) .
Fields then moved under 28 U.S.C. S 2255 to vacate his sentence,
arguing counsel was ineffective fop "failing to move the sentencing court
for concurrency of [hisJ federaVstate sentence, or in the alternative, a
sentencing adjustment[.1"

Doc. 30.

That motion was denied as

untimelyfiled, seedocs.31,34 & 35 (judgment); see also doc.41 (order
of the Court of Appeals denying Fields' motions for a certificate of
appealability and leave to proceed in forma pauperis on appeal).
Four years later, he has moved in the alternative to have this
Court credit him for time served, thus reconciling his federal and state
sentence ledgers. Doc. 42. He argues that the time he spent in state
custody was ordered "concurrent" to his federal sentence by the state
judge, and thus his federal sentence should have kept running while he

2

was in state custody.

fd. at 1.2 Fields now seeks to challenge the

execution of his federal sentence under 28 U.S.C. S 224I, asking this
Court for a nunc pt:o tunc designation that

his federal sentence

commenced on the day he was sentenced, rather than the day he was
returned to federal authorities after having served his state sentenceDoc. 42, see [.Inited States v. Nyhuis,211 F.Sd 1340, 7345 (ttth

Cir.

2000) ('A claim for credit for time served is brought under 28 U.S.C.
S 2241"). But this Court is not the proper forum for that claim.
Fields is incarcerated at the Big Sandy United States Penitentiary
in Martin County, Kentucky. "Section 2241 petitions may be brought
only in the district

court for the district

in which the inmate is

incarcerated." Fernandez v. tlnited States,941 F.2d 1488, (l1th Cir.
1991) (emphasis addeili United States v. Kinsey,393 F. App'x 663,664
(ttth

Cir 2010) ("motions made pursuant to $ 2247 must be brought

only in the district

court for the district

in which the inmate is

incarcerated." (quotes and cite omitted)); Williams v. Eivera,2011 WL
7005735 at " 1 (S.D. Ga. Dec. 11, 2011) (collecting cases). Accordingly,

'z It is not entirely clear that this is evenwhat the state court ordered. Seedoc.27'l
(attaching a copy of his state sentencethat "the balance of lFields'] probation in
lstate criminal casel(end date of Novernber3, 2016)is hereby TERMINATED.").

the Clerk is DIRECTED to OPEN a $ 2241case and then TRANSFER
the caseto the Eastern District of Kentucky. 28 U.S.C. $ 9?(d (Martin
County falls within the Eastern District).

Fields' instant motion, as

lodgedon the criminal docket,is MOOT.
SO ORDERED, this 7th day of March,2018.

IINIIM sIdTES MAGISTRATI'UDGE
OT
SOI'IIIERN DISTXICT CEOACL{