United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS OF UNITED STATES
JOHNSTON UNITED STATES MAGISTRATE JUDGE.
February 22, 2019, Petitioner Alan Wayne Williams, a state
prisoner proceeding pro se, filed a petition for a writ of
habeas corpus pursuant to 28 U.S.C. §
alleges that he is currently serving an illegal sentence
because the State of Montana has unlawfully taken away credit
for his street time which has, in turn, extended the
sentence(s) he is serving beyond the maximum time allowed.
See, (Doc. 1 at 4, ¶13(A)). Williams asserts the
purportedly unlawful taking of his street time contradicts
federal law because his valid discharge date has been set
aside and extended following his revocation. Id. at
asks this Court to discharge his sentence in accordance with
Montana law because his discharge date is past due.
Id. at 7, ¶16.
Montana Supreme Court recently summarized Williams' state
procedural history in its denial of his state habeas corpus
petition as follows:
In March 1999, the Tenth Judicial District Court, Fergus
County, sentenced Williams for felony forgery to a
twenty-year term with ten years suspended. The District Court
also credited Williams with forty-six days of time served
prior to sentencing. Williams served time at Montana State
Prison (MSP) from March 23, 1999 to June 4, 2003. Our
previous Order detailed the calculation of his discharge
He filed postconviction claims that were ultimately settled
by way of a stipulation between Williams and the State that
provided that Williams would be resentenced on his forgery
conviction in exchange for a waiver of his postconviction
claims. Pursuant thereto, Williams was resentenced on May 27,
2003[, ] to 20 years, with all time suspended. The District
Court ran this sentence from the date of the original
imposition, or March 23, 1999. Again, Williams was credited
for the 46 days he served prior to his original sentencing,
but the order did not mention the time Williams had actually
served in MSP.
Multiple revocation proceedings followed that engendered
various detention times for Williams. On March 24, 2014,
Williams' suspended sentence (which was the resentence
imposed on May 27, 2003) was revoked and he was committed to
the [DOC] “to serve the remaining time” of his
sentence. Referring to prior revocation orders, the District
Court denied credit for “street time” from April
15, 2012 to May 1, 2013, but granted credit for the original
46 days and for the times Williams was detained on prior
revocation petitions (119 108 = 227 days). Then, in an
amended judgment dated April 14, 2014, the District Court
clarified that Williams would receive credit for the time he
served in MSP from March 23, 1999 to June 4, 2003, or 1580
days. All of Williams' credit totaled 1853 days, a total
Williams concurs in, or approximately 5.07 years of credit.
While the Department calculates Williams' discharge date
to be February 27, 2020, Williams argues that it should be
January 27, 2015, a little over 5 years earlier. However,
Williams is double-counting his total credit for time served,
which can easily be seen by viewing his sentence in overview.
Williams is serving a 20-year sentence that began in March
23, 1999. Giving him credit for the entirety of the
time within the 20-year period following his sentence would
put his discharge date at March 23, 2019 (Williams dos not
qualify for the former benefit of “good time”).
However, Williams was denied credit for “street
time” between April 15, 2012 and May 1, 2013, a period
of about one year and 16 days. Thus, that period must be
added to the time, pushing the date out to April 2020. Then,
the 46 days of credit Williams received prior to his original
sentencing is subtracted from his sentence, bringing his
discharge date back to February 2020, as the Department so
Williams v. Berkebile, No. OP 15-0135, Order, at 1-2
(Mont. Apr. 29, 2015) (emphasis in original). Williams now
contends his sentence has improperly been “extended to
21 years and 25 days” by way of the DOC's
calculation of his discharge date to be February 27, 2020.
Citing to § 46-18-203(7)(a)(iii), MCA, in regard to
elapsed or “street” time, Williams argues his
sentence is illegal because he is serving more time than
originally sentenced. He also notes he was granted parole in
December 2016, and that his parole was revoked in December
2018. He is currently incarcerated at MSP. He asserts a
“constitutional liberty interest” in his personal
calculation of his discharge date of January 31, 2019, which
he argues should be honored.
Williams v. Guyer, OP 19-0059, 2019 WL 579636, at
*1-2 (Mont. Feb. 12, 2019).
Court determined the district court properly denied Williams
credit for street time pursuant to Mont. Code Ann.
§46-18-203(7)(b)(2103). The Court noted the district
court's sentencing order expressly denied such credit and
found Williams “was in violation of the terms of the
underlying judgment. Id. at * 3. The Court
determined that Williams calculation of his discharge date
did not factor in this denial of street time and,
accordingly, his fixed discharge date was properly set at
February 27, 2020. Id. Williams was not entitled to