Automated Summary
Key Facts
Civil Action No. 25-cv-00361-CNS involves Joseph R. Vigil, a prisoner at FCI Terre Haute, challenging the Federal Bureau of Prisons' (BOP) denial of First Step Act (FSA) time credits earned before transfer to his designated facility. The court denied his Amended Application for a Writ of Habeas Corpus, concluding that even if the BOP's policy was incorrect, his claim does not necessitate immediate release or a shortened confinement. The BOP determined Vigil remains at high risk of recidivism, disqualifying him from applying 106 earned FSA credits toward early release. Vigil did not dispute the high-risk assessment or provide evidence to challenge it.
Issues
- Whether the Bureau of Prisons' policy denying FSA time credits for activities completed after sentencing but before arrival at the designated facility is lawful under the First Step Act.
- Whether an inmate's high recidivism risk assessment, as determined by the PATTERN tool, precludes the application of earned FSA time credits, even if the inmate successfully completed EBRR programming or productive activities.
Holdings
- The Court determined that time credits earned under the First Step Act cannot be applied to Mr. Vigil's sentence because he has not demonstrated a reduction in recidivism risk and remains categorized as high risk, precluding automatic application of credits.
- The Court denied Mr. Vigil's Amended Application for a Writ of Habeas Corpus and dismissed the case with prejudice, concluding he is not entitled to relief under the First Step Act due to his high recidivism risk.
Remedies
ORDERED that the Amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, ECF No. 4, is denied and this case is dismissed with prejudice.
Legal Principles
The court applied the First Step Act's (FSA) requirements for earning and applying time credits, emphasizing that credits can only be used if an inmate is not at high risk of recidivism. Mr. Vigil's high PATTERN score disqualifies him from applying earned credits, as the FSA mandates that credits require demonstrated recidivism risk reduction or maintenance of a minimum/low risk level.
Precedent Name
- Preiser v. Rodriguez
- McIntosh v. U.S. Parole Comm'n
- Palma-Salazar v. Davis
- Hall v. Bellmon
- Haines v. Kerner
Cited Statute
- Federal Bureau of Prisons Regulation
- Habeas Corpus Statute
- First Step Act of 2018
Judge Name
Charlotte N. Sweeney
Passage Text
- According to Respondent, Mr. Vigil has earned 106 days of FSA time credits; however, those time credits are not being applied because he remains at a high risk of recidivism.
- An eligible inmate 'shall earn 10 days of time credits for every 30 days of successful participation in [EBRR] programming or [PAs].' 18 U.S.C. § 3632(d)(4)(A)(i).
- Fundamentally, the First Step Act requires that any time credits, even if they are earned, can only be applied if an individual such as yourself is not at a high risk of recidivism. You do not dispute that your recidivism risk rate is high. Thus, application of your time credits under the First Step Act is not proper.