Opinion
CRIMINAL ACTION NO.: 3:08-cr-00032-BAJ
04-22-2014
UNITED STATES OF AMERICA v. JERRY J. NAPOLEON
RULING AND ORDER
Before the Court are Petitioner's pro se motions styled MOTION FOR CONCURRENT SENTENCE (Doc. 7) and MOTION TO QUASH (Doc. 8). In effect, each motion seeks an order stating that the term of imprisonment Petitioner is currently serving in Louisiana state prison for simple robbery and resisting an officer in violation of Louisiana law should be credited against the impending revocation of his federal term of supervised release. (See Doc. 7 at p. 1 (requesting that the Court "run his, [sic] Federal sentence . . . Concurrently [sic] with his East Baton Rouge Parish sentence"); Doc. 8 at p. 1 (requesting "for this honorable court to 'Quash' the remaining Five (5) months and fiftheen [sic] day [sic] under due process of law 'credit' for time served")).
Petitioner's motions will be denied as premature because, as of now, this Court has not yet made a determination regarding whether to revoke Petitioner's federal term of supervised release. Instead, this Court has merely issued a warrant for Petitioner's arrest based on information that Petitioner violated the terms of his federal supervised release by, among other things, committing the offenses for which he is now imprisoned by the state of Louisiana. (See Doc. 5 at p. 5 (Magistrate Judge's Order issuing warrant for Petitioner's arrest for violating the terms of his supervised release); see also Doc. 6 at p. 3 (Magistrate Judge's Order declining to take additional action in Petitioner's case because the "Court previously ordered [a] warrant issued on August 10, 2010")). Only when Petitioner has served his state sentences, and if this Court decides to revoke the terms of Petitioner's federal supervised release, will there ground for arguing that Petitioner's revocation should run concurrent with his state sentences.
Accordingly,
IT IS ORDERED that Petitioner's MOTION FOR CONCURRENT SENTENCE (Doc. 7) and MOTION TO QUASH (Doc. 8) are each DENIED WITHOUT PREJUDICE to Petitioner's right to refile, once this Court undertakes to determine whether to revoke the terms of Petitioner's federal supervised release.
Baton Rouge, Louisiana, this 22 th day of April, 2014.
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BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA