Farley v. Nelson, Civ. No. B-78-284.

• Decision Date: 15 February 1979
• Docket Number: Civ. No. B-78-284.
• Citation: 469 F. Supp. 796
• Court: U.S. District Court — District of Connecticut
• Parties: James Edward FARLEY, Petitioner, v. W. R. NELSON, Warden, F. C. I., Danbury, Connecticut, Respondent.

469 F. Supp. 796

James Edward FARLEY, Petitioner, v. W. R. NELSON, Warden, F. C. I., Danbury, Connecticut, Respondent.

Civ. No. B-78-284.

United States District Court, D. Connecticut.

February 15, 1979.

Andrew B. Bowman, Federal Public Defender, New Haven, Conn., for petitioner.

Richard Blumenthal, U. S. Atty., Diana Garfield, Asst. U. S. Atty., New Haven, Conn., Cheryl Wattley, Law Clerk, for respondent.

MEMORANDUM OF DECISION

DALY, District Judge.

Petitioner in this habeas corpus action seeks to be released from federal custody. The nature of his claim is best understood in its factual context. In 1974, petitioner was paroled from the custody of the State of Maryland. At that time, detainers concerning two unserved federal sentences were on file with the State of Maryland, but petitioner was not taken into custody by federal authorities. In 1976, petitioner was rearrested by state authorities for parole violation, and was returned to an institution in the State of Maryland. After his rearrest he received an additional state sentence for an offense committed while on parole. In May, 1978, petitioner was paroled by Maryland, and was taken into custody by federal authorities to begin serving his unserved sentences.

Petitioner claims that the United States waived jurisdiction over him by failing to take him into custody at the time of his release from state custody in 1974. Alternatively, he seeks credit on his federal sentence for the time between his release in 1974 and the date on which he was taken into federal custody.

As the following findings of fact indicate, petitioner's claim hinges upon a telephone call made by an employer of Maryland's Patuxent Institution to the United States Marshal's Office in Baltimore prior to petitioner's release in 1974. Petitioner contends that as a result of this telephone conversation the United States waived jurisdiction over him or misled him to his detriment, thereby entitling him to credit on his federal sentences. The present proof, however, is inadequate to support this claim, and this petition must be denied.

FINDINGS OF FACT

(1) Petitioner, James Farley, was an inmate at the Federal Correctional Institution (FCI), Danbury, at the time he filed this petition.

(2) On May 15, 1968, in the Circuit Court for Anne Arundel County, Maryland, petitioner was found guilty of breaking and entering and was sentenced to "a period of six years to run consecutive with any sentence now being served." Petitioner has completed service of this sentence.

(3) On June 17, 1968, petitioner pleaded guilty to a charge of attempting to break and enter a United States Post Office in violation of 18 U.S.C. § 2115, and to a charge of conspiring to commit that offense in violation of 18 U.S.C. § 371. Petitioner was sentenced to four years for the conspiracy charge and three years for the underlying offense, these terms to run concurrently with each other and with the state sentence being served by petitioner. Petitioner was committed to the custody of the State of Maryland for the purpose of serving these sentences, and petitioner has completed service of these sentences.

(4) On October 16, 1969, petitioner, having pleaded guilty to a charge of escape of a federal prisoner in violation of 18 U.S.C. § 751(a), was sentenced by Judge Watkins, United States District Judge for the District of Maryland, to a term of three years, "service of sentence to begin at the expiration of currently existing outstanding sentences." After being sentenced on this charge, petitioner was returned to the custody of the State of Maryland to continue the service of his prior state and federal sentences. This three-year sentence for escape is one of the sentences providing the basis for petitioner's current custody.

(5) On December 9, 1960, petitioner, having pleaded guilty in the Criminal Court of Baltimore to a charge of robbery with a deadly weapon, was sentenced to ten years with credit to be given from May 15, 1978. This sentence was to run concurrently with the other sentences being served by petitioner.

(6) On February 6, 1970, a judge for the Criminal Court of Baltimore ordered that petitioner be committed to the Patuxent Institution in Jessup, Maryland for examination.

(7) During February, 1970, when petitioner was actually transferred to Patuxent, there was in the institutional file accompanying him a letter from Frank Udoff, United States Marshal, District of Maryland, dated October 22, 1969, addressed to Warden, Maryland House of Correction, Jessup, Maryland. That letter stated:

Enclosed is a copy of a Judgment and Commitment for the above subject. On October 16, 1969, Farley was sentenced to `three (3) years; service of sentence to begin at the expiration of currently existing outstanding sentences.' Our detainer dated September 12, 1969, is presently on file with you for Farley.

Kindly advise whenever the State is ready to release Farley to us based on our detainer.

(8) In July of 1970, petitioner pleaded guilty in federal court for the Eastern District of Pennsylvania to a charge of possession of a firearm by a convicted felon in violation of 18 U.S.C. App. § 1202(a). After entering this plea, and without being sentenced, petitioner was returned to Patuxent.

(9) On or about October 12, 1970, Patuxent received a federal detainer concerning the charge referred to in (8), above.

(10) In September, 1970, petitioner was transported back to Pennsylvania, and on November 2, 1970, was sentenced to a term of "one year to run consecutively to any term of imprisonment defendant is now serving or any imprisonment defendant will serve in the future because of any detainers or any criminal charges which are now pending."

(11) In January, 1971, petitioner was adjudged a "defective delinquent" under a Maryland statute. This classification resulted in a suspension of the ten-year sentence for robbery referred to in (5), above, which sentence was replaced by a commitment to Patuxent for an indefinite term.

(12) David McGlaughlin was petitioner's counsellor and social worker at Patuxent in 1974. It was McGlaughlin's duty to act as a liaison between petitioner and the outside world and to assist the Patuxent administration in planning for petitioner's release.

(13) Petitioner was first considered for parole by Patuxent in June, 1974. A release plan was developed that involved vocational training at Airco Technical Institute in Baltimore and eventually release on parole to a halfway house in Baltimore.

(14) In July or August of 1974, McGlaughlin, in connection with the implementation of petitioner's release plan, and pursuant to a request by the Patuxent Board of Review, telephoned the United States Marshal's Office in Baltimore to discuss the detainers that had been lodged against petitioner. This was the first time McGlaughlin ever had been asked to contact the Marshals concerning detainers.

(15) McGlaughlin spoke to a man at the Marshal's office but can remember neither the man's name nor the substance of the conversation. McGlaughlin recalls only that he felt "satisfied" that Patuxent's plans to release petitioner would not be disrupted due to the detainers. He also recalls having some concern at that time that petitioner might encounter some difficulty in the future as a result of these detainers.

(16) McGlaughlin made no written record of this conversation.

(17) At the time McGlaughlin contacted the Marshal's office, the Patuxent Board of Review had expressed to McGlaughlin its opinion that petitioner's release to Patuxent's halfway house would not end Patuxent's custody of petitioner, and that Patuxent, therefore, might not be required to contact the Marshals concerning the detainer. If the man to whom McGlaughlin spoke had agreed with this interpretation of the state's jurisdiction, McGlaughlin would have been satisfied that the detainers would not disrupt Patuxent's plans to release petitioner.

(18) The only contact in 1974 by Patuxent authorities with the United States Marshal's Office concerning petitioner was the telephone call made by McGlaughlin. The Marshal's office never was notified of the specific date of petitioner's release or, for that matter, the fact that petitioner would be released at all.

(19) Based on what petitioner was told by McGlaughlin concerning the phone conversation with a man at the Marshal's office, petitioner reasonably believed that he would not be expected to begin serving any part of the one-year sentence referred to in (10), above, upon being released from Patuxent. He also reasonably believed that he would not at any time be expected to do any more time on the three-year sentence referred to in (4), above.

(20) Petitioner never had any direct contact with a federal authority concerning the detainers. Petitioner's understanding as to the effect of the detainers was based upon communications from McGlaughlin, a state employee.

(21) On December 12, 1974, petitioner was paroled from Patuxent and placed in a halfway house in Baltimore.

(22) The Patuxent Board of Review would not have released petitioner in December of 1974 if McGlaughlin had reported that the marshals intended to execute the detainers upon such release.

(23) In late March or early April of 1975, petitioner absconded from parole supervision. A parole violator warrant was issued in April, 1975. Petitioner was arrested by Maryland authorities on March 25, 1976. Approximately fifteen months had passed from the date of petitioner's release on parole from Patuxent, and approximately 12 months had passed from the date petitioner had absconded from parole supervision.

(24) On April 7, 1976, having been convicted...