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Vaughn v. Klingler

United States District Court, E.D. Oklahoma

February 12, 2018

GREGORY DAVID VAUGHN, Petitioner,
v.
KEN KLINGER, Warden, Respondent.

          OPINION AND ORDER

          Ronald A. White, United States District Judge

         This matter is before the Court on Petitioner's petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. Petitioner is a pro se prisoner in the custody of the Oklahoma Department of Corrections (“DOC”) who is incarcerated at Union City Community Corrections Center in Union City, Oklahoma. He is challenging the execution of his sentences imposed in Stephens County District Court Case No. CF-2009-320, Stephens County District Court Case No. CF-2011-106, and Grady County District Court Case No. CF-2010-216.

         Petitioner also claims he has suffered a violation of the prohibition against double jeopardy, because his sentences have been amended multiple times, with the DOC starting and stopping his sentences in Stephens County Case No. 2011-106 and Grady County Case No. 2010-216 at least twice (Dkt. 1 at 4). He asserts that if the sentences had not stopped running, he could have completed his sentences on or around December 4, 2015. Id.

         Respondent has filed a response to the petition, alleging Petitioner's sentences are being properly administered, and there has been no violation of the Double Jeopardy Clause (Dkt. 14). The record shows that Petitioner was received into the DOC on June 8, 2012, to serve seven sentences of incarceration from Stephens and Grady Counties:

         Stephens County

CF-2009-320, Count 115 years (Dkt. 14-4)
CF-2009-320, Count 2 5 years, concurrent with CF-2009-320, Count 1 (Dkt. 14-4)
CF-2010-35B 5 years, concurrent with CF-2009-320 and CF-2010-46 (Dkt. 14-5)
CF-2010-46 5 years, concurrent with CF-2009-320 and CF-2010-35B (Dkt. 14-6)
CF-2011-106 10 years, consecutive to CF-2009-320, CF-2010-35B, and CF-2010-46 (Dkt. 14-7)

         Grady County

CF-2010-94 5 years, concurrent with Stephens County No. CF-2011- 106 and consecutive to Grady County No. CF-2010-216 (Dkt. 14-8).
CF-2010-216, Count 2 10 years, concurrent with Stephens County No. CF-2011- 106 and consecutive with Grady County No. CF-2010-94 (Dkt. 14-9).

         Petitioner alleges his sentences have been unclear since sentencing (Dkt. 1 at 10). The Judgment and Sentence (“J&S”) for Stephens County Case No. CF-2009-320 ordered the 5-year sentence for Count 2 is to run concurrently with the 15-year sentence for Count 1 (Dkt. 1-2 at 1). He claims, however, that the Judgments and Sentences for Stephens County Case Nos. CF-2010-35B and CF-2010-46 ordered all Stephens County Cases to run concurrently (Dkts. 1 at 10; 1-2 at 2-3). Petitioner maintains this sentencing ordered in Case Nos. CF-2010-35B ...


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