Opinion
C23-1689-MJP-MLP
04-04-2024
ORDER DIRECTING RESPONDENT TO SUPPLEMENT THE RECORD
MICHELLE L. PETERSON UNITED STATES MAGISTRATE JUDGE
This is a federal habeas action filed under 28 U.S.C. § 2241. Petitioner's federal habeas petition is currently ripe for consideration. At the time Petitioner filed this federal habeas action and at the time Respondent filed his response to Petitioner's amended petition, Petitioner was serving a 120-month sentence imposed in the District of Guam. (Dkt. # 10, Ex. 1.) Subsequent briefing from the parties reveals that Petitioner's sentence was recently reduced to 93 months. (See dkt. ## 13, 14.) As one of the arguments raised by Respondent in his response to Petitioner's amended petition is that the petition is not yet ripe for consideration, it would be helpful to have Respondent provide the Court with an updated Bureau of Prisons (“BOP”) sentence computation and an updated First Step Act (“FSA”) Time Credit Assessment before the Court proceeds to disposition of the amended petition.
Based on the foregoing, the Court hereby ORDERS as follows:
(1) Respondent shall submit to the Court, not later than April 19, 2024, an updated BOP sentence computation and an updated FSA Time Credit Assessment for Petitioner.
(2) Respondent's response to Petitioner's federal habeas petition (dkt. # 9) is RE NOTED on the Court's calendar for consideration on April 19, 2024.
(3) The Clerk is directed to send copies of this Order to Petitioner, to counsel for Respondent, and to the Honorable Marsha J. Pechman.