United States District Court, D. Maine
ORDER ON DEFENDANT'S MOTION FOR COUNTY JAIL TIME
A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE.
10, 2014, the Court sentenced Ronald Trecartin to 120 months
of incarceration, twenty years of supervised release, a $100
special assessment, and no fine or restitution for unlawful
possession of child pornography, a violation of 18 U.S.C.
§ 2252A(a)(5)(B). J. (ECF No. 63). On November
25, 2019, Mr. Trecartin filed a motion with the court
requesting credit for uncredited time. Mot. for County
Jail Time Credit (ECF No. 67). Mr. Trecartin's
motion faces a host of legal hurdles, not the least that he
waited over five years to bring it. Nevertheless, as his
motion appears to be based on his misapprehension of the
facts underlying his state and federal sentences, the Court
explains to Mr. Trecartin why it has concluded that he is
incorrect on the facts and must deny his motion.
narrow issue is whether during the period Mr. Trecartin was
in state custody from September 26, 2012, to April 4, 2013,
he was in federal custody for any part of that time or in
state custody for conduct relevant to his federal offense.
Under United States Sentencing Guideline § 5G1.3, a
defendant is not entitled to credit for serving a state
sentence unless the state conviction is “relevant
conduct to the instant offense of conviction . . ..”
U.S.S.G. § 5G1.3(b). If he was in state custody for
conduct relevant to the federal child pornography offense
between September 26, 2012, and April 4, 2013, he has a
legitimate claim for credit for that time. If he was
incarcerated by the state of Maine during that interval for
conduct unrelated to the possession of child pornography
offense, he is not entitled to credit.
motion, Mr. Trecartin says that at his sentencing hearing,
the Court gave him credit from March 29, 2013, to June 19,
2014, for time he spent in county jail, but he believes he is
entitled to credit from September 26, 2012, to June 19, 2014,
“because he finished his County time on
09/26/2012.” Id. at 1. At the same time, he
says that he was under the impression that “his County
jail time was to be credited from 09/26/2012 and not from
03/29/2013.” Id. From what the Court can piece
together, Mr. Trecartin's memory of what happened appears
to be inaccurate.
Court reviewed the docket in Mr. Trecartin's case. The
United States (Government) initiated a criminal complaint
against Mr. Trecartin on December 12, 2012, and an arrest
warrant was issued the same day. Compl. (ECF No. 3).
Also, on December 12, 2012, the Government filed a motion for
detention, stating that “[a] recording of a telephone
call from the Aroostook County Jail on October 8, 2012
reveals the intent of the defendant to leave Aroostook County
and travel to a more southern part of Maine or to New
Hampshire . . ..” Mot. of the United States of
America for Detention at 2 (ECF No. 6). On the same day,
the United States Magistrate Judge issued an arrest warrant.
Arrest Warrant (ECF No. 7).
next docket entry does not appear until March 21, 2013, when
a federal grand jury indicted Mr. Trecartin.
Indictment (ECF No. 8). The Government issued a
praecipe for warrant on March 21, 2013, Praecipe for
Warrant (ECF No. 11), and the Deputy Clerk of Court
issued an arrest warrant the following day. Arrest
Warrant (ECF No. 13). The docket indicates that Mr.
Trecartin was in state custody as of March 21, 2013.
Praecipe for Warrant. On March 22, 2013, the
Government moved for detention, making the same
representation about Mr. Trecartin's intention to leave
the area. Mot. of the United States of America for
Detention at 2 (ECF No. 12). Mr. Trecartin appeared
before the United States Magistrate Judge on March 26, 2013,
pursuant to an application for writ of habeas corpus.
Appl. for Writ of Habeas Corpus (ECF No. 15);
Min. Entry (ECF No. 17). The application for writ of
habeas corpus represented that Mr. Trecartin was in the
Aroostook County Jail at the time. Appl. for Writ of
March 26, 2013, the Magistrate Judge returned Mr. Trecartin
to state custody and set a detention hearing for March 29,
2013. Min. Entry (ECF No. 17). On March 28, 2013,
the docket notes that Mr. Trecartin “remains in State
Custody” and the “[d]etention hearing [is] to be
reset after defendant is released from State Custody.”
Notice (ECF No. 23).
April 3, 2013, the docket reflects that the Clerk's
Office rescheduled Mr. Trecartin's detention hearing for
April 4, 2013, before the United States Magistrate Judge and
reset the time of the hearing on the same day. Notice of
Hr'g on Mot. re: Mot. for Detention (ECF No. 24);
Rescheduled Notice of Hr'g re: Mot. for
Detention (ECF No. 25). The Magistrate Judge held a
detention hearing on April 4, 2013, and she ordered Mr.
Trecartin detained in federal custody. Min. Entry
(ECF No. 26); Order of Detention Pending Trial (ECF
No. 28). On November 6, 2013, Mr. Trecartin appeared before
the Court and entered a plea of guilty. Min. Entry
(ECF No. 46). The docket entry confirms that the Court
remanded Mr. Trecartin to the custody of the United States
Marshal Service directly after he entered his guilty plea.
Court sentenced Mr. Trecartin on June 10, 2014. Min.
Entry (ECF No. 61). The sentencing judgment makes no
mention of crediting any state time. J. (ECF No.
63). Mr. Trecartin did not appeal his conviction or sentence
and his case has long since been closed. The Court reviewed
the parties' sentencing memoranda to see if they shed any
light on the issue of credit for time served while in state
custody, and they did not mention it. Sentencing Mem. of
the United States of America (ECF No. 52);
Def.'s Mem. Regarding Sentencing (ECF No. 56);
Resp. of the United States to Def.'s Mem. Regarding
Sentencing (ECF No. 60). No. transcript of the
sentencing hearing has been prepared, so the Court is unable
to review the proceedings to see if the parties discussed the
credit issue with the Court.
Court retrieved and reviewed Mr. Trecartin's Second
Revised Presentence Investigation Report (PSR). The front
page of the PSR states:
Release Status: Detained since arrest on
State Charges since September 26, 2012; detained in federal
custody since April 4, 2013.
at 1. There is no reference in the PSR to credit on his
federal sentence for the time Mr. Trecartin spent in state
custody. See PSR at 1-27. The PSR confirms that
federal agents, together with members of the Maine State
Police and the town of Houlton Police Department, conducted a
search of Mr. Trecartin's residence on September 26,
2012, pursuant to a search warrant. PSR ¶ 5.
The PSR states that Mr. Trecartin was arrested and
transported to the Aroostook County Jail “for violating
[a] protection order, cultivating marijuana and endangering
the welfare of a child.” Id. Given that he was
taken to county jail and was not federally prosecuted until
December 12, 2012, it is likely he was arrested for state,
not federal, offenses.
elaborates upon Mr. Trecartin's criminal history.
Paragraphs 41 and 41A confirm that on March 28, 2013, Mr.
Trecartin was convicted in one case of seven counts of
violating protective orders and in another case of twenty
counts of violating protective orders. PSR
¶¶ 41-41A. The March 28, 2013, entry for the first
case states that he was incarcerated thirty days on each
count, the sentences being concurrent, and the March 28,
2013, entry for the second case states that he was
incarcerated for thirty days consecutive to the first case.
difficult to put together an exact chronology. However, even
though law enforcement searched his residence on September
26, 2012, and found evidence of his possession of child
pornography to which he admitted, he was not charged with
possession of child pornography until December 12, 2012, and
during the period before April 4, 2013, he was incarcerated
at the Aroostook County Jail for offenses unrelated to his
child pornography offense, namely his twenty-seven violations
of protective orders, and perhaps for the marijuana and
endangering the welfare of a child offenses that also
occasioned his arrest. If this is correct, he would not be
entitled to credit for the ...