United States District Court, N.D. West Virginia, Wheeling
REPORT AND RECOMMENDATION
W. TRUMBLE UNITED STATES MAGISTRATE JUDGE
March 27, 2017, pro se Petitioner, Raymond Edward
Gill, filed a petition for writ of habeas corpus pursuant to
28 U.S.C. §2241. ECF No. 1. On April 10, 2017,
Petitioner paid the $5.00 filing fee. ECF No. 7. On August
11, 2017, Respondent was ordered to show cause why the writ
should not be granted. ECF No. 8. On October 20, 2017,
Respondent filed a Motion to Dismiss and Response to Show
Cause together with a Memorandum in Support and an Exhibit.
ECF Nos. 20-21. A Roseboro Notice was issued on
November 3, 2017. To date, Petitioner has not filed a reply.
matter, before the undersigned for a Report and
Recommendation pursuant to LR PL P 2, is ripe for review.
FACTUAL AND PROCEDURAL HISTORY
Conviction and Sentence
April 1, 1981, the United States District Court for the
District of Maryland sentenced Petitioner to serve 15 years
in prison following his conviction for bank robbery. ECF No.
21-1 at 17. On June 2, 1981, Petitioner was sentenced in the
same district to a concurrent term of 20 years'
incarceration for a separate bank robbery. Id. at
17-18. By September 3, 1985, Petitioner had been moved to a
halfway house in preparation for his release on parole when
he escaped. Upon his arrest in November, 1985, Petition was
charged with two additional bank robberies, to which he
subsequently pleaded guilty and for which he received two
concurrent 20-years terms of imprisonment. Petitioner was
also sentenced to serve a consecutive 5-year term for escape.
ECF No. 21-1 at 18-20. On June 11, 1999, Petitioner was
released to supervision on mandatory release under 18 U.S.C.
§ 4163, with 4268 days remaining on his sentence.
Id. at 21.
March 30, 2000, the United States Parole Commission
(“Commission”) revoked Petitioner's mandatory
release. ECF No. 21-1 at 16. Petitioner was reparoled on
September 28, 2000 and was to remain on supervision until the
expiration of his sentence on February 18, 2011. Id.
April 5, 2002, following Petitioner's new convictions for
bank robbery, attempted bank robbery and aiding and abetting,
the District of Maryland sentenced Petitioner to 151
months' imprisonment and three years of supervised
release. ECF No. 21-1 at 10. He completed the sentence on
August 22, 2012, and was taken into custody on the
Commissioner's violator warrant. Id. at 11.
October 23, 2013, Petitioner was charged in the District of
Maryland with committing yet another armed robbery and use of
a firearm during a crime of violence. 21-1 at 23. On October
31, 2013, the Commission issued a warrant based on the new
criminal charges. Id. at 25. The Commission
instructed the U.S. Marshal to lodge the warrant as a
detainer if Petitioner was already in custody. Id.
at 25. On March 13, 2015, Petitioner was convicted in the
District of Maryland and sentenced to 300 months'
imprisonment for armed bank robbery, aiding and abetting, and
a consecutive 180 months for brandishing a firearm during a
crime of violence, as well as a 5-year term of supervised
release. Id. at 31-34. Petitioner has a full term
expiration date of September 5, 2053 on this newest sentence,
and a projected statutory release date of July 12, 2048.
Id. at 6.
9, 2015, the Bureau of Prisons notified the Commission that
the warrant had been lodged as a detainer. ECF No. 21-1 at
37. On July 9, 2015, the Commission supplemented the warrant
to reflect the conviction. Id. at 38. On October 23,
2019, the Commission ordered the warrant and detainer
withdrawn and closed the case. Id. at 39.
CONTENTIONS OF THE PARTIES