Unreported / Non-Citable
Background
Federal prisoner Kelly McCandless filed a § 2241 habeas petition seeking application of earned time credits under the First Step Act. A magistrate judge recommended dismissal because his credits had not yet reached the remainder of his prison term.
McCandless objected, invoking Loper Bright Enterprises v. Raimondo and arguing for independent judicial review of the Bureau of Prisons’ interpretation and consideration of its practical effects.
The Court’s Holding
After reviewing the matter from the beginning, the district court adopted the recommendation and dismissed the petition. Under 18 U.S.C. § 3624(g)(1) and 28 C.F.R. § 523.44, earned credits are not applied toward prerelease custody or supervised release until the credit balance equals the remainder of the imposed prison term.
Because McCandless had not reached that threshold, he had no present entitlement to application of the credits. His Loper Bright arguments did not displace the court’s statutory analysis. The court granted the government’s dismissal motion and closed the case.
Key Takeaways
- Earning First Step Act credits is distinct from being eligible to apply them.
- Application generally occurs when credits equal the remaining term of imprisonment.
- A habeas claim filed before that threshold is reached may be premature.
- Loper Bright did not change the result where the court agreed with the governing statutory framework.
Why It Matters
Federal criminal practitioners should compare a client’s verified credit balance with the remaining sentence before seeking habeas relief. A dispute about calculation alone may not establish a current right to earlier placement.
The order also shows that post-Loper Bright challenges still require a persuasive competing reading of the statute; rejecting agency deference does not automatically produce a different substantive interpretation.