Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bennett v. Terris

United States District Court, E.D. Michigan, Northern Division

May 6, 2019

DONALD BENNETT, Petitioner,
v.
J.A. TERRIS, Respondent.

         OPINION AND ORDER GRANTING PETITIONER'S REQUEST FOR DISPOSITION OF HIS HABEAS PETITION, DENYING HIS RENEWED REQUEST FOR AN EVIDENTIARY HEARING, DENYING THE PETITION FOR A WRIT OF HABEAS CORPUS, AND GRANTING LEAVE TO APPEAL IN FORMA PAUPERIS

          THOMAS L. LUDINGTON UNITED STATES DISTRICT JUDGE.

         Petitioner Donald Bennett, an inmate at the Federal Correctional Institution in Milan, Michigan, has filed a pro se petition for the writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. The petition challenges a notice of action issued by the United States Parole Commission on December 6, 2004. The notice ordered the following action:

Parole effective November 30, 1989 nunc pro tunc after the service of 20 months, relative to 60-month parolable term under 87-CV-874-1 to your consecutive non-parolable terms only.

Id., Ex. A.

         Petitioner alleges that he did not request or desire this order and that the order caused the Federal Bureau of Prisons (the BOP) to recompute his sentence and extend his projected date of release by twenty-eight months. The Government argues in an answer to the petition that the Bureau of Prisons correctly calculated Petitioner's sentence and that the Parole Commission's order had no effect on the computation of Petitioner's sentence. ECF No. 5. The petition will be denied because the BOP's computation of Petitioner's sentence is entitled to deference and Petitioner did not exercise diligence in bringing his claim.

         I.

         Petitioner was convicted in the United States District Court for the Northern District of Illinois of the following crimes: conspiracy to take money by force from federally insured banks, 18 U.S.C. § 371 (Count One); five counts of armed bank robbery, 18 U.S.C. § 2113(a) (Counts Two, Four, Six, Eight, and Eleven); and five counts of using a firearm during the commission of a crime of violence, 18 U.S.C. § 924(c) (Counts Three, Five, Seven, Nine, and Twelve). Pet., Ex. G. On June 28, 1989, the trial judge sentenced Petitioner to prison for a total of fifty years. Petitioner received

a five year term on the § 37[1] conspiracy count and the last robbery conviction under § 2113(a) (Counts One and Eleven). In addition, he was sentenced to five years on the first § 924(c) conviction and ten years on each of the four subsequent § 924(c) convictions (Counts Three, Five, Seven, Nine and Twelve), to be served consecutively to the sentence imposed on Counts One and Eleven. [The trial judge] also sentenced Bennett to five year terms for each of the remaining robbery convictions (Counts Two, Four, Six and Eight), to run concurrently with each other and the other sentences.

United States v. Bennett, No. 87 CR 874, 1992 WL 194644, at *1 (N.D. Ill. June 30, 1992) (unpublished) (emphases in original). The Seventh Circuit Court of Appeals affirmed Petitioner's convictions and sentences, see United States v. Bennett, 908 F.2d 189 (7th Cir. 1990), and the Supreme Court denied Petitioner's application for a writ of certiorari. See Bennet v. United States, 498 U.S. 991 (1990).

         While incarcerated, Petitioner also was convicted of conspiracy to commit wire fraud, 18 U.S.C. § 371, and on August 7, 2002, he was sentenced to forty months in prison, consecutive to the fifty-year sentence for his previous crimes. As of December 6, 2004, Petitioner's projected release date was February 1, 2022. On that date, however, the Parole Commission issued the notice of action in dispute in this case. The notice reads:

In the case of [Donald Bennett], the following action was ordered:
Parole effective November 30, 1989 nunc pro tunc after the service of 20 months, relative to 60-month parolable term under 87-CV-874 to your ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.