Automated Summary
Key Facts
Petitioner Clyde Turaine Brand, a federal inmate at FCI Florence, filed a habeas corpus petition under 28 U.S.C. § 2241 challenging the Bureau of Prisons' (BOP) calculation of his First Step Act (FSA) recidivism risk assessment and time credits. He alleges the BOP improperly denied him incentives and time credits by failing to credit his participation in qualifying programming, resulting in an allegedly incorrect PATTERN risk score. The Magistrate Judge recommended granting Respondent's motion to dismiss, concluding BOP's PATTERN score determinations are not subject to judicial review under 18 U.S.C. § 3625, and that the petitioner's high recidivism risk score rendered him statutorily ineligible for FSA incentives. The district court adopted this recommendation, finding no clear error in the record and dismissing the petition without prejudice. No certificate of appealability was granted as the petitioner failed to show a substantial denial of constitutional rights.
Issues
- The court considered whether the BOP's determination of the Petitioner's PATTERN recidivism risk score and FSA time credits is reviewable under 18 U.S.C. § 3625, concluding that such decisions are committed to the BOP's discretion and not subject to judicial oversight.
- The court evaluated the Petitioner's due process claim, determining that there is no constitutionally protected liberty interest in FSA time credits, thus no procedural due process violation occurred in their denial.
- The court examined if the Petitioner's consistently high PATTERN score rendered him ineligible for FSA time credits, finding that statutory language supports the BOP's position that high-risk inmates cannot apply earned credits toward prerelease custody or supervised release.
Holdings
- The court found the petitioner's high recidivism risk score rendered him statutorily ineligible to apply earned FSA time credits toward prerelease custody or supervised release, despite receiving credit for all qualifying programming completed.
- The court concluded the petitioner lacks a constitutionally protected liberty interest in the earning or application of FSA time credits, thereby foreclosing any due process claim under 28 U.S.C. § 2241.
- The court held that the Bureau of Prisons' (BOP) determination of a petitioner's First Step Act (FSA) recidivism risk assessment (PATTERN score) and time credits is not subject to judicial review under 18 U.S.C. § 3625, as it falls within the BOP's discretion.
Remedies
- The Court dismissed the Petition for a writ of habeas corpus under 28 U.S.C. § 2241 without prejudice, meaning the petitioner may refile the claim at a later date.
- The Court denied a certificate of appealability because the petitioner failed to demonstrate a substantial showing of the denial of a constitutional right under 28 U.S.C. § 2253(c)(2).
Legal Principles
- The Court held that the Bureau of Prisons' (BOP) determination of a petitioner's First Step Act (FSA) recidivism risk assessment and time credits is not subject to judicial review under 18 U.S.C. § 3625, as these decisions are committed to the BOP's discretion.
- The Court found that the petitioner failed to file specific objections to the Magistrate Judge's Report and Recommendation, thereby waiving the right to further judicial review under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
- The Court concluded that the petitioner lacks a constitutionally protected liberty interest in FSA time credits, precluding a due process claim under the Fourth Circuit's precedents.
Precedent Name
- Diamond v. Colonial Life & Accident Ins. Co.
- United States v. Schronce
- Mathews v. Weber
- Camby v. Davis
Cited Statute
- Anti-Terrorism and Effective Death Penalty Act (AEDPA)
- Second Chance Act
- First Step Act
- Federal Habeas Corpus Act
Judge Name
Joseph Dawson, III
Passage Text
- The Magistrate Judge concluded that Petitioner failed to establish a basis for habeas relief. The Report explains that determinations regarding PATTERN scores and recidivism risk levels are committed to the discretion of the BOP and are not subject to judicial review under 18 U.S.C. § 3625. The Magistrate Judge further found that the evidentiary record demonstrated Petitioner had received credit for all qualifying programming he completed, but that his consistently high recidivism risk score rendered him statutorily ineligible to apply earned FSA time credits toward prerelease custody or supervised release. Finally, the Report determined thatPetitioner does not possess a constitutionally protected liberty interest in the earning or application of FSA time credits, foreclosing any due process claim.
- Further, it is ORDERED that a certificate of appealability is denied because Petitioner has failed to make 'a substantial showing of the denial of a constitutional right.' 28 U.S.C. § 2253(c)(2).
- It is, therefore, ORDERED that the Petition for a writ of habeas corpus under 28 U.S.C. § 2241 is DISMISSED WITHOUT PREJUDICE, and without requiring the Respondent to file an answer or return.