United States District Court, D. South Dakota, Southern Division
VERONICA L. DUFFY UNITED STATES MAGISTRATE JUDGE
matter is before the court on the pro se petition of
Edward Donald, a federal inmate at the Federal Prison Camp at
Yankton, South Dakota. See Docket No.
Mr. Donald alleges the federal Bureau of Prisons
(“BOP”) has failed to correctly calculate his
sentence because it has improperly aggregated the judgment of
conviction for the revocation of his supervised release for
his 1999 federal criminal case (the Illinois conviction) and
and the judgment of conviction for his 2010 federal criminal
case (the Missouri conviction) Id. Mr. Donald argues
that because the BOP has aggregated these two sentences, he
has been improperly denied eligibility for the possibility of
early release through the Residential Drug Abuse Treatment
Program (RDAP) provided for through 18 U.S.C. § 3621(e).
See Mr. Donald's supporting memorandum, Docket
2, p. 3, ¶ 13.
now moves to dismiss Mr. Donald's petition, or in the
alternative, for summary judgment, arguing Mr. Donald's
two sentences were properly aggregated and that it has
properly calculated Mr. Donald's sentence. See
Docket No. 12. This matter was referred to this magistrate
judge pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and
the October 16, 2014, standing order of the Honorable Karen
E. Schreier, United States District Judge.
Donald is currently incarcerated at the Federal Prison Camp
in Yankton, South Dakota. He is serving an aggregated term of
imprisonment, related to two judgments of conviction.
1999, Mr. Donald was sentenced in the United States District
Court for the Southern District of Illinois with distribution
and possession with intent to distribute cocaine base.
See 3:99CR30193-001 (S.D. Ill). Mr. Donald was
sentenced to 100 months' imprisonment and 4 years of
supervised release on this conviction. On January 5, 2007,
Mr. Donald was released from imprisonment via good time
release and began to serve his 4-year term of supervised
April 22, 2010, Mr. Donald was arrested in Missouri for
conspiracy to possess with intent to distribute in excess of
five kilograms of cocaine and marijuana. He was held in
federal custody until he was sentenced on the Missouri
federal indictment (4:10-CR49-CDP (E.D. Mo.)). Mr. Donald was
sentenced in the Missouri case on December 22, 2010. For the
Missouri case, Mr. Donald was sentenced to 144 months'
imprisonment and 5 years of supervised release.
a result of his arrest and subsequent Missouri drug
conviction, on January 11, 2011, Mr. Donald's supervised
release from his Illinois conviction was formally revoked via
a judgment of conviction for revocation of supervised release
in 3:99CR30193-001 (S.D. Ill.). On this revocation, Mr.
Donald was ordered to serve 24 months' imprisonment, to
be served concurrently with the 144 months' imprisonment
he was by then already serving on his Missouri conviction.
case, the respondent has submitted the affidavit of Deborah
Colston, who is employed by the BOP as a Management Analyst
at the Designation and Sentence Computation Center (DSCC)
located in Grand Prairie, Texas. See Docket 15. Ms.
Colston explains that Mr. Donald's 144-month sentence
from the Missouri case and his 24-month sentence from the
Illinois supervised release revocation have been aggregated,
and that as a result, the 24-month sentence has been
completely “absorbed” into the 144-month
sentence. Id. at ¶ 16.
Colston has also explained that, as to his aggregated
sentences, Mr. Donald has received credit for the time he
spent in federal custody after his arrest on federal drug
charges on April 22, 2010, until the date he began to serve
his sentence on the Missouri conviction. Id. at
¶ 19. Ms. Colston has also explained that, including
good time credit, Mr. Donald's current projected release
date is October 4, 2020. Id. at ¶ 20.
from Ms. Colston's affidavit, however, is any mention of
the substance of the claim made in Mr. Donad's
petition/memorandum-that the BOP has wrongfully denied him
the opportunity to participate in RDAP, and that the reason
the BOP has wrongfully denied him such an opportunity is that
it has aggregated his “current” Missouri judgment
of conviction with the judgment of conviction for his
revocation of supervised release in the Illinois case. This
court, therefore, is unable to rule upon Mr. Donald's
petition without further information from the respondent.
it is ORDERED that Ms. Colston or some other individual on
behalf of the respondent who has knowledge of the claims in
Mr. Donald's petition and supporting memorandum shall, on
or before July 31, 2018, submit an affidavit to this court:
1. Responding to Mr. Donald's claim that he has been
wrongfully denied the opportnunity to participate in the RDAP