Frazier v. Wilson

Filing 20

MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge John A. Gibney, Jr on 02/01/2018. Copy of Memorandum Opinion mailed to Plaintiff as directed.(ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richtnood Division

KEVIN E. FRAZIER,

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Petitioner,

V.

Civil Action No. 3:16CV933

ERIC WILSON,

Respondent.
MEMORANDUM OPINION

Kevin E. Frazier, a federal inmate proceeding pro se, filed this petition for habeas corpus

under 28 U.S.C. § 2241 ("§ 2241 Petition," EOF No. 1.) Frazier contends that the Bureau of

Prisons ("BOP") has improperly calculated his federal sentence. {Id. at 6-7.)' Specifically,
Frazier states:

Claim One:'

"Petitioner believes he is entitled to presentence credit pursuant to

the limited exceptions outlined in BOP's Program Statement
5880.28 and pursuant to decisions held in Willis v. U.S., 438 F.2d
923 (5th Cir. 1971) and Kayfez v. Casele, 993 F.2d 1288 (7th Cir.
1993)." (§2241 Pet. 6.)

Claim Two:

"Petitioner objects to there being a requirement outlined in BOP's
Program Statement 5880.28 which requires both sentencing court's
[]non-federal and federal to order concurrent sentencing for [an]
inmate to be awarded presentence credit xmder BOP's Program
Statement 5880.28 policy." {Id. at 7.)

Claim Three: "Petitioner believes he is entitled to the same equal rights and
treatment which were granted to Thomas Wilson . . . another
federal prisoner within the BOP." {Id.)

' The Court employs the pagination assigned by the CM/ECF docketing system to
Frazier's submissions. The Court also corrects the spelling, emphasis, punctuation, and
capitalization in the quotations from Frazier'ssubmissions,

^ Although Frazier has listed four grounds for relief in his § 2241 Petition, grounds one
and four are identical. {See § 2241 Pet. 6, 8.)

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