Barahona-Sales v. Martin
Filing
14
OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS Signed by District Judge William H. Barbour, Jr on 6/11/18 in. (Copy of opinion and order mailed to Yoni Alberto Barrahona-Sales 17688-075 USP P.O. Box 5000 Yazoo City, MS 39194). Signed by District Judge William H. Barbour, Jr on 6/11/18 (VM)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
YONI ALBERTO BARAHONA-SALES, #17688-075
vs.
PETITIONER
CIVIL ACTION NO. 3:16-cv-260-WHB-JCG
UNKNOWN MARTIN, Warden
RESPONDENT
consolidated with
YONI ALBERTO BARAHONA-SALES, #17688-075
vs.
PETITIONER
CIVIL ACTION NO. 3:17-cv-439-WHB-JCG
UNKNOWN MARTIN, Warden
RESPONDENT
OPINION AND ORDER
This
cause
is
before
the
Court
on
the
Report
and
Recommendation (“R and R”) of United States Magistrate Judge John
C. Gargiulo.
After considering the R and R1, the other pleadings
in this case, as well as relevant authorities, the Court finds the
R and R should be adopted in its entirety.
I.
Discussion
In 2012, Yoni Alberto Barahona-Sales (“Barahona-Sales”) was
convicted of illegal reentry into the United States by a previously
deported felon in violation of 8 U.S.C. §§ 1326(a) and (b)(2), and
1
The parties were required to file objections to the R and
R on or before April 30, 2018. No objections were filed.
was sentenced to a 96-month term of imprisonment.2
presumably
before
exhausting
his
In 2016, and
administrative
remedies,
Barahona-Sales filed a Petition for a Writ of Habeas Corpus Under
28 U.S.C. § 2241 (“2241 Petition”) in this Court challenging the
manner
in
which
his
federal
sentence
was
being
executed.
Specifically, Barahona-Sales argued that the Bureau of Prisons
(“BOP”) should have given him credit toward his federal sentence
based on (1) the time he had served on a state court conviction,
and (2) the effect of the federal detainer on his state court
sentence.
In 2017, after exhausting his administrative remedies,
Barahona-Sales filed a second 2241 Petition that raises the same
claims/arguments as were raised in his first 2241 Petition.
two 2241 Petitions were later consolidated.
The
See Civil Action No.
3:16-cv-260, Order [Docket No. 14].
The consolidated action came before United States Magistrate
Judge John C. Gargiulo who entered a R and R recommending that the
2241 Petitions be denied.
See R and R [Docket No. 16].
In his R
and R, Judge Gargiulo first found that Barahona-Sales was not
entitled to federal credit based on his state sentence-related
incarceration
because the state court and federal court sentences
had been ordered to run consecutively, and the time Barahona-Sales
2
Barahona-Sales was sentenced in the United States
District Court for the Middle District of Tennessee, and is
currently serving his federal sentence at the Federal
Correctional Complex in Yazoo City, Mississippi.
2
spent in pre-trial federal detention had been credited to his state
court sentence. Id. 5-6.
Second, Judge Gargiulo found (1) the BOP
had given fair treatment to Barahona-Sales’s request for nunc pro
tunc designation, (2) there were no grounds for altering the
decision of the BOP with respect to Barahona-Sales’s nunc pro tunc
request, and (3) Barahona-Sales was not entitled to nunc pro tunc
credit because his state sentence had been imposed prior to his
federal sentence.
Id. 6-8.
Last, Judge Gargiulo found that
Barahona-Sales was not entitled to credit toward his federal
sentence based on the placement of the federal detainer because
there had been no showing that that detainer had affected the
manner in which his state court sentence had been served.
7-8.
Id. at
Based on these findings, Judge Gargiulo recommended that
Barahona-Sales’s 2241 Petitions be denied.
Id. at 8.
The Court has reviewed the R and R, to which no objections
were filed, as well as the Docket and other pleadings in this case.
After review, the Court agrees that Barahona-Sales’s 2241 Petitions
should
be
denied
Accordingly,
the
for
Court
the
reasons
will
adopt
stated
Judge
by
Judge
Gargiulo’s
Gargiulo.
R
and
R
recommending the denial of Barahona-Sales’s 2241 Petitions and the
dismissal of this consolidated action.
For the foregoing reasons:
IT IS THEREFORE ORDERED that the April 11, 2018, Report and
Recommendation of United States Magistrate Judge John C. Gargiulo
3
[Docket No. 16], is hereby adopted as the ruling of this Court.
A
Final Judgment dismissing this case shall be entered this day.
IT IS FURTHER ORDERED that the Clerk of Court is hereby
directed to file this Opinion and Order and the following Final
Judgment in both cases of this consolidated action.
SO ORDERED this the 11th day of June, 2018.
s/ William H. Barbour, Jr.
UNITED STATES DISTRICT JUDGE
4
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?