Unlawfully confined detainee petitions Ohio federal magistrate for hearing

Keith Maydak, who has been detained since September 29, 2002 for a "supervised release violation," that carries a maximum term of two years in jail, petitioned an Ohio Federal Court today for a hearing. Specifically, Maydak has been detained seven months past his potential period of incarceration, but United States District Judge Alan Bloch of the Western District of Pennsylvania refuses to hold a final hearing. On April 22, 2005, Corrections Corporation of America officers picked Maydak up from Pittsburgh and moved him to Ohio. This gave him the opportunity to file a petition to a Ohio Federal Magistrate. See letter below:


Keith Maydak, # 04904-068
CCA NEOCC
2240 Hubbard Road
Youngstown, OH 44505

April 27, 2005

Magistrate Judge George J. Limbert
United States Magistrate Judge
Northern District of Ohio
229 Thomas D. Lambros Federal Building & United States Court House
125 Market Street
Youngstown, Ohio 44503-1787

In re: United States v. Maydak, 93cr133 (WDPA)

Dear Magistrate Judge Limbert:

Pursuant to Fed.R.Crim.Proc. 32.1, I am requesting that you schedule a bail hearing as I am in this district and I object to any transfer back to the Western District of Pennsylvania. As shown below, I am entitled to an immediate detention hearing.

Specifically, in September, 2001, the United States District Court for the Western District of Pennsylvania issued an arrest warrant that merely said “failure to appear” as the offense. However, the matter related to a supervised release violation. On September 29, 2002, I was arrested in Canada and the United States requested my extradition. After litigation wherein the United States admitted I would receive credit for all of my detention in Canada, I was returned to the Western District of Pennsylvania on October 30, 2004 – but the maximum sentence is two years for the violation. 18 USC §3583(e)(3).
Although the arrest warrant directed the U.S. Marshals to take me in front of a judge, they did not. As such, I filed objections in the 93cr133 (WDPA) case objecting to the Failure to Comply with Fed.R.Crim.Proc. 32.1. I also filed a habeas corpus at Maydak v. Warden, Allegheny County Jail, 04cv1818 (WDPA)[1] because no detention order exists and the Rule 32.1 violations are prejudicial since I served the maximum sentence.

On December 16, 2004, the 93cr133 (WDPA) court held a supervised release revocation hearing at which I stated through counsel that I did not wish to contest the matter except for my objections filed about Rule 32.1. The district court ordered a Presentence Report and scheduled my sentencing for March 7, 2005. The district court refused to discuss detention at all. No bail order was held and no detention order was issued.

On March 4, 2005, the district court claimed that it lacked jurisdiction to either sentence me or release me because I filed a habeas corpus appeal relating to a previous habeas that I filed while in Canada.

On April 21, 2005, the United States Marshals Service directed Corrections Corporation of America to lodge me at the above address. As such, I am now in the jurisdiction of your court and I am entitled to the bail hearing in front of a magistrate judge as mandated by Fed.R.Crim.Proc. 32.1. I also object to any transfer back to the Western District of Pennsylvania since I will demonstrate that my custody is unlawful because I have spent seven months over my statutory maximum prospective sentence pursuant to 18 USC §3583(e)(3) and because my term of supervised release expired by virtue of the plain language of 18 USC §3624(e).

Based on the above, I request a prompt detention hearing and a transfer hearing where I can present evidence and arguments demonstrating that I should not be transferred back to the Western District of Pennsylvania.

Respectfully submitted,


Keith Maydak







cc: Clerk of Court, Northern District of Ohio
United States Attorney for the Northern District of Ohio

[1] The Judge apparently refuses to rule on the 04cv1818 (WDPA) habeas. I also filed a second habeas at 05cv388 (WDPA) about my detention, but Chief Judge Donetta Ambrose petitioned the Third Circuit Court of Appeals to move it to another district.