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).

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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{

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