REQUEST FOR REDACTION AND [PROPOSED] ORDER

EDMUND F. BRENNAN, Magistrate Judge.

REQUEST FOR REDACTION

The United States of America, by and through its attorney of record in this case, Assistant United States Attorney, Megan A. S. Richards, requests that the Court replace the exhibit at 2:17-cv-00302-EFB, Doc. 11, Exhibit 1, with the redacted exhibit attached to this Motion. The undersigned inadvertently filed the document without redacting personal identifying information as required by Fed. R. Civ. P. 5.2 and Fed. R. Crim. P. 49.1. The document attached to this Request for Redaction is the same as the previously filed document, but has been redacted to comply with privacy rules. Accordingly, the United States asks that the Court order the attached document be substituted for the document currently filed as 2:17-CV-00302-EFB, Doc. 11, and Exhibit 1.

[PROPOSED] ORDER

IT IS SO ORDERED.

EXHIBIT 1

DECLARATION OF DAWN L. GIDDINGS

I, DAWN L. GIDDINGS, hereby declare:

1. I am currently employed by the Federal Bureau of Prisons (BOP) as a Correctional Programs Specialist at the Designation and Sentence Computation Center (DSCC). If called upon, I could and would competently testify as set forth below.

2. I have worked for the BOP since January 1996. I have worked in the area of inmate sentence computations since October 2001. I have been employed as a Correctional Programs Specialist at the DSCC since October 2013.

3. I am making this declaration in the case of Silver Jose Galindo v. J. Salazar, Case No. 2:17-cv-00302-EFB, wherein BOP inmate Silver Jose Galindo, Petitioner ("Petitioner"), Register Number 95184-022, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging his sentence computation.

4. Attached as Exhibit (Ex.) A is a true and correct copy of Petitioner's history of incarceration and parole from the Hawaii Paroling Authority, containing entries up to January 29, 2005. Petitioner was first convicted and incarcerated by the state of Hawaii on September 16, 1993. See Ex. A at 1 ("09/16/93 Admitted under Cr. NO. 87-0677, Admitted under Cr. NO 87-0684"). Petitioner has had extensive contact with the Hawaiian criminal justice system in several independent cases since 1993. Id. at 1-2.

5. On January 11, 1995, Petitioner was admitted to Hawaii custody pursuant to charges in Case No. 94-1299. Id. at 1 ("01/11/95 Admitted under Cr. No. 94-1299, cts. 1, 3, 5, 6.").

6. While serving a term of incarceration for Case No. 94-1299, Petitioner escaped from Oahu Community Correctional Center. Id. ("OCCC informs that inmate escaped from OCCC custody for 37 days"). Petitioner was apprehended on February 13, 1998 and admitted pursuant to new escape charges. Id. ("02/13/98 Admitted under Cr. No. 98-0007").

7. Petitioner was released on parole on June 17, 2003. Id. at 2 ("06/17/03 RELEASED ON PAROLE").

8. Attached as Ex. B is Petitioner's Judgement in a Criminal Case in federal Case No. 1:04-cr-00053 DAE. Following his release from Hawaii custody on parole, Petitioner committed various felonies related to firearm possession and drug distribution, from approximately July 2003 to March 2004. See Ex. B. at 2.

9. Attached as Ex. C is Petitioner's Judgement of Conviction and Sentence in Hawaii Case No. 03-1-2097. At some point during the commission of his federal offenses from July 2003 to March 2004, Petitioner also gained unauthorized entry in a motor vehicle in violation of state law. See Ex. C.

10. On September 12, 2003, a warrant was issued by the Hawaii Paroling Authority for Petitioner's arrest for new criminal conduct. See Ex. A ("09/12/03 HPA WARRANT 03-020-495 ISSUED THIS DATE"). This warrant related to Petitioner's conduct described in paragraphs (8) and (9) above.

11. Because Petitioner's new criminal conduct violated the terms of his parole, Petitioner's "Parole [was] suspended effective 9/23/03." Id. Petitioner's parole term was then extended to its maximum date of January 29, 2006. Id. ("Due to suspension, maximum date of imprisonment has been extended. New maximum date expires on 1/29/06 for Cr. # 94-1299 & 7/10/04 for Cr. #94-0007").

12. Hawaii authorities arrested petitioner on March 11, 2004, pursuant to HPA warrant 03-020-495. Id. ("03/11/04 Returned to custody on HPA warrant #03-020-495").

13. Attached as Ex. D is a true and correct copy of Petitioner's United States Marshals Services (U.S. Marshals) Individual Custody and Detention Report (USM 129). In Order to facilitates Petitioner's presence for trial and sentencing in federal court, the U.S. District Court for the District of Hawaii issued writ of Habeas Corpus Ad Prosequendum on March 19, 2004, pursuant to a motion from the U.S. Attorney's Office. See Ex. D at 1 ("III. Status History — Status: WHCAP; Status Date: 04/05/2004; Custody Date: 04/05/2004; Release Date: **/**/****; Remark: Writ from AUSA").

14. On April 5, 2004, based on the order, the U.S. Marshals took the Petitioner into custody and placed him in the Federal Detention Center, Honolulu, HI (FDC Honolulu). Id. at 2, IV. Chronological Prisoner History, first entry. Although Petitioner was in temporary federal custody while pending federal sentencing, he remained under the primary jurisdiction of Hawaii. Accordingly, Petitioner continued to earn credit toward his maximum parole date of January 29, 2006.

15. On October 14, 2008, Judge David E. Ezra of the U.S. District Court for the District of Hawaii signed an order sentencing Petitioner to a 39 year and 2 month term of incarceration. Petitioner's total term reflected consecutively imposed sentences of 110 months, 5 years, and 25 years. See Ex. B at 3.

16. When all of Petitioner's court appearances for his federal case had concluded, but just prior to sentencing, Petitioner's Writ of Habeas Corpus Ad Prosequendum was dissolved and Petitioner was returned from FDC Honolulu to the Oahu Community Corrections Center, on October 10, 2008. See Ex. D at 2, III. Status History, first entry on page 2 ("Status: RI-WHCAP; Status Date: 10/10/2008 . . . Remark: OCCC"). Hawaii still retained primary jurisdiction of Petitioner at this time.

17. On January 12, 2009, Petitioner was sentenced in Case No. 03-1-2097, his pending Hawaii state criminal matter, to 30 days incarceration with credit for time served. See Ex. C. With Petitioner having satisfied all of his terms of incarceration with Hawaii on January 12, 2009, Petitioner transferred from being under the jurisdiction of Hawaii to the exclusive jurisdiction of the United States on January 13, 2009.

18. Petitioner satisfied his state terms of parole on January 29, 2006, prior to his new state sentence in Case No. 03-1-2097. See Ex. A at 2 ("New Max Date 01/29/06"). Petitioner was sentenced to a 30-day term in Case No. 03-1-2097 on January 12, 2009: a term running from December 12, 2009, to January 12, 2009. Although Petitioner transferred to exclusive federal jurisdiction on January 13, 2009, he was not readmitted to a federal facility until January 14, 2009. See Ex. D at 2, III. Status History, second entry on page 2 ("Status: READMIT; Status Date: 01/14/2009").

19. Prior custody credit in the federal system is determined by 18 U.S.C. § 3585(b): "A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences, that has not been credited against another sentence."

20. Therefore, the BOP gave Petitioner prior federal custody credit for all time from January 30, 2006, through December 13, 2008, and January 13, 2009, for time in custody that was not credited toward his parole violation sentences or his 30-day sentence with Hawaii.

21. Attached as Ex. E is an Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) in Petitioner's federal case. Petitioner's total 39 year and 2 month term of incarceration reflected consecutively imposed sentences of 110 months, 5 years, and 25 years. See Ex. B at 3. On November 1, 2015, the court reduced Petitioner's 110 month term to a 92 month term. See Ex. E. This reduction was due to a retroactive application of new sentencing guidelines and not any sentencing error on the part of the court, BOP, or state of Hawaii.

22. Petitioner's current sentence calculation results from the interaction of three Hawaii sentences, one federal sentence, and the subsequent reduction of the federal sentence due to sentencing guideline changes. Petitioner's current release date is December 22, 2038.

I declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that the foregoing is true and correct.

Executed June 13th, 2017, at Grand Prairie, Texas.

EXHIBIT A

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of: 5 YEARS

This term consists of FIVE(5) YEARS, as to Counts 1, 2, 3, 4, 8, 9, 10, and 11, with all such terms to run concurrently

The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.

The defendant shall not commit another federal, state, or local crime.

That the defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of commencement on supervision and at least two periodic drug tests thereafter, but not more than 8 valid drug tests per month during the term of supervised release.

[ ] The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. (Check if applicable.)

✓ The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon (Check if applicable.)

✓ The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check if applicable.)

[ ] The detendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (Check if applicable.)

[ ] The defendant shall participate in an approved program for domestic violence. (Check if applicable.)

if this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page,

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without permission of the court or probation officer;

2) the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month:

3) the defendant shall answer truthfully all inquiries by the probation officer and follow instructions of the probation officer;

4) the defendant shall support his or her dependants and meet other family responsibilities;

5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training or other acceptable reasons;

6) the defendant shall notify the probation officer ten days prior to any change in residence or employment;

7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;

8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

9) the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer;

11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;

12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court;

13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement.

SPECIAL CONDITIONS OF SUPERVISION

1) Defendant shall participate in and comply with substance abuse treatment, which includes drug testing in a program approved by the Probation Office.

2) Defendant shall execute all financial disclosure forms and provide the Probation Office and the Financial Litigation Unit of the U.S. Attorney's Office access to any requested financial information to include submitting to periodic debtor's examinations as directed by the Probation Office.

3) Defendant shall submit his person, residence, place of employment, or vehicle to a search conducted by the U.S. Probation Office at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of supervision. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other resident that the premises may be subject to search pursuant to this condition.

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

[ ] The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (A0245C1 will he entered after such a determination

[ ] The defendant must make restitution (including community restitution) to the following payees in the amount listed helow.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 16 U.S.C. §3664(i), all non-federal victims must be paid before the United States is paid.

[ ] Restitution amount ordered pursuant to plea agreement $_

[ ] The defendant must pay interest on restitution and a fine of more than $2500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. §36120), All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. §3612(g).

[ ] The court determined that the defendant does not have the ability to pay interest and it is ordered that:

[ ] the interest requirement is waived for the [ ] fine [ ] restitution

[ ]the interest requirement for the [ ] fine [ ] restitution is modified as follows

EXHIBIT C

EXHIBIT D

IV. CHRONOLOGICAL PRISONER HISTORY

V. MEDICAL CONDITION/TREATMENT HISTORY

EXHIBIT E