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Gill v. Coakley

United States District Court, N.D. West Virginia, Wheeling

February 27, 2018

RAYMOND EDWARD GILL, Petitioner,
v.
JOE COAKLEY, Warden, Respondent.

          STAMP JUDGE

          REPORT AND RECOMMENDATION

          ROBERT W. TRUMBLE UNITED STATES MAGISTRATE JUDGE

         I. INTRODUCTION

         On 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.

         This matter, before the undersigned for a Report and Recommendation pursuant to LR PL P 2, is ripe for review.

         II. FACTUAL AND PROCEDURAL HISTORY

         A. Conviction and Sentence

         On 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.

         On 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.

         On 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.

         On 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.

         On July 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.

         III. CONTENTIONS OF THE PARTIES

         A. ...


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