Hatten v. United States of America

Filing 3

ORDER for service and state records production. Signed by US Magistrate Judge Veronica L. Duffy on 5/11/2016. (CG)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
ARLEN LEE HATTEN,

5:16-CV-05030-KES

Petitioner,
ORDER
vs.
UNITED STATES OF AMERICA,
Respondent.
Petitioner, Arlen Lee Hatten has filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241. The gist of his claim is that he was
prosecuted in state and federal court for crimes arising out of the same facts
and transaction. Plea agreements entered into in both state and federal court
contemplated his sentences in each forum, imposed in the year 2010, would
run concurrently with each other. See Docket No. 1. Mr. Hatten finished
serving his state sentence and came into the custody of the federal Bureau of
Prisons (BOP) in 2015. The BOP is calculating Mr. Hatten’s release date based
on consecutive, instead of concurrent, sentences, contrary to what the parties
contemplated in their respective plea agreements. See Docket Nos. 1-2
and 1-3.
Based upon a review of the file and the underlying criminal case record it
is noted the plea agreement in Mr. Hatten’s federal case contemplated that
defendant’s state sentence would run concurrently with the defendant’s federal
sentence. See United States v. Hatten, 5:09-cr-50069-RHB, Docket No. 23,

page 6, ¶ K. The state court ordered that the state sentence run concurrently
with Mr. Hatten’s federal sentence. See Docket No. 1-1. Therefore, it appears
petitioner’s claim herein is congruent with the terms of the plea agreement.
The Court directs that the Petition in this case be served and that a response
be filed. Accordingly,
IT IS ORDERED:
(1)

that the Clerk of Court shall serve upon Respondent and the
United States Attorney for the District of South Dakota a copy of
the Petition and this Order;

(2)

that within 21 days after service, Respondent is directed to show
cause why a writ pursuant to 28 U.S.C. § 2241 should not be
granted;

(3)

that as part of the government’s response, Respondent shall
produce the relevant state court file for review;

(4)

that Petitioner may file a reply within 14 days of service of the
Respondent’s response.

DATED this 11th day of May, 2016.
BY THE COURT:

VERONICA L. DUFFY
United States Magistrate Judge

2