United States District Court, E.D. Oklahoma
OPINION AND ORDER
A. White, United States District Judge
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.
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,
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:
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)
CF-2010-94 5 years, concurrent with Stephens County No.
CF-2011- 106 and consecutive to Grady County No. CF-2010-216
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).
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