United States v. Smith

ORDER 1) GRANTING MOVANT ERIC ROSHAWN SMITH’S MOTION FOR CORRECTION OF SENTENCE, PURSUANT TO 28 U.S.C. § 2255 , WHICH MOTION IS CONSTRUED TO BE A PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2441 ; AND 2) DIRECTING THE UNITED STATES BUREAU OF PRISONS TO RECALCULATE HIS FEDERAL PRISON TERM

The court, Judge Robert J. Timlin, has read and considered movant Eric Roshawn Smith (“Smith”)’s motion to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255 (“ § 2255”), respondent United States of America’s (“United States”)’s response (“Response”), and Smith’s reply. Based on such consideration, the court concludes as follows:

I.

FACTUAL BACKGROUND

On June 25, 2001, Smith was sentenced by this court to a term of 78 months imprisonment in the underlying federal-criminal case. In its sentencing order, this court stated that the term was to be served concurrently with the state sentence that Smith was serving pursuant to an unrelated state conviction.

The date of the federal offenses and the date of Smith’s arrest on those offenses are both August 7, 1996. Smith was released from federal custody on bond on November 26, 1996. While free on bond, he was arrested for…