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My husband was granted pe role from his state sentence of 30…

My husband was granted...

My husband was granted pe role from his state sentence of 30 years now they say he has a federal sentence he has to complete of 46 month , his sentence should have been together, we wants to file a habeas corpus,but we need an attorney.(###) ###-####shekish butler

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

He is a DC inmate, but they have him housed in Wisconsin

Lawyer's Assistant: Have you talked to a lawyer yet?

No you are the first

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He served 30 years for state pluse he was in a federal prison for 12 years

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Answered in 4 minutes by:
3/8/2018
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 123,257
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unless the federal court ordered that the federal sentence would be run at the same time as the state sentence, no, the federal sentence did not run as long as he was in state custody serving his state sentence.

If his federal sentence has been completed or the judge ordered it to be served concurrently, then you can file your habeas petition seeking his release and that would get filed in the DC court where he was convicted.

Legally, none of the attorneys on this site can represent anyone from the site, it is forbidden by law and was explained in the site terms customers click on agreeing to abide by. You can get a local attorney in DC who does criminal appeals at the same site used by other attorneys http://www.hg.org

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 123,257
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 1 month ago
Under 28cfr 2.65(c) A person serving a US code offense and a DC code offense Is required to have those sentences aggregated and the US parole commission is required to deam The federal sentence (to have commence with the prisoner initial commitment on the current aggregate sentence including jail time )
Thus the commission cannot schedule a DC parole hearing to be conducted no later than four months prior to parole eligibility date or Expiration of the federal time whichever is later section 2.65(e)If my husband first DC parole hearing was in 2015, how is it based on the above? He now has to serve the federal time? When sentences as aggregated?

Thank you for your reply.

Aggregated does not mean serving concurrently, aggregated means that his total time from US code violation and DC violation would be added together to get his total sentence.

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Customer reply replied 1 month ago
Last question, by the way your information is very helpful in this time for us.
In the 30 years he has been incarcerated eleven years of that time was in a federal prison, and his federal time is only 46 months. Can you please give me some clarity

Thank you for your reply

If he already served the federal time then that is the basis for his Habeas relief.

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