Dr. M Blatstein's Blog, Home Confinement, Preparation, Sentence Mitigation, White-Collar

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“FSA TASK-FORCE STACKS FSA/SCA ETC,” FOR ELIGIBLE PERSONS, EARLY RELEASE DIRECT TO HOME CONFINEMENT.

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DIRECTOR MARSHALL’S EFFORT IS A WORK IN PROGRESS

IS YOUR FACILITY FSA/SCA, ETC STACKED AND CURRENT – “LET US KNOW”

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While BOP Director William Marshall III is fully committed to implementing the STACKING of the FSA/SCA ETC, it may take up to a year for this initiative to be uniformly applied throughout the entire BOP.

Consider demonstrating your eligibility for Early Release to Home Confinement. What steps are you taking to showcase yours? This is not legal advice. Legal representation is recommended.

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9/1/2025

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National Organizations Call for Second Look Review – Updated 8-2025:

The American Law Institute (ALI) recommended a judicial review at 10 years for sentences imposed on youth and a sentence review at any time for those experiencing “advanced age, physical or mental infirmity, exigent family circumstances, or other compelling reasons.

The evolution of the second look movement, which began with the U.S. Supreme Court’s decisions in Graham v. Florida (2010) and Miller v. Alabama (2012) regarding juvenile life without parole (JLWOP) sentences. Recently, the movement has expanded to cover excessive sentences for youth and emerging adults facing life without parole (LWOP).

Fifteen states, the District of Columbia, and the federal government currently have second look judicial reviews, while 16 states have found specific, lengthy sentences unconstitutional under Graham or Miller. The report outlines second look and resentencing laws in the U.S., with examples of legislation and court rulings.

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Federal Legal News 

…On the lighter side, and I quote:

The main purpose of the Criminal Justice System (at this time) was not to do justice, but to

• settle scores,  
• further political agendas, and
• create a lucrative federal bureaucracy.

In addition to,

• protect Americans from international drug-smuggling,
• sex-trafficking, and terrorism,

Except that these offenders make up a relatively small percentage of federal prison inmates.

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Your ETC and Early Release to a Residential Reentry Center (RRC) or Home Confinement are blocked; a possible solution is available.

A prisoner who filed for habeas relief to obtain his earned FSA credits was summarily released to a halfway house before the BOP could suffer an adverse ruling.

• See: Cory Ray Garcia, Petitioner, v. B. Eischen, FPC Duluth, Respondent. No. 24-cv-4106, (USDC MN). “Petitioner Cory Ray Garcia filed this action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Mr. Garcia claimed that under the First Step Act of 2018 (FSA) the Federal Bureau of Prisons (BOP) should have applied ‘earned time credits’ to transfer him sooner from prison to a residential reentry center (RRC) or home confinement.
• On March 25, 2025, United States Magistrate Judge Shannon G. Elkins recommended that Mr. Garcia’s petition be granted, noting that his transfer to an RRC was scheduled for April 8th. The BOP transferred Mr. Garcia to an RRC in Utah on April 3rd, and now Respondent moves to dismiss this case as moot.” Let us assist you in your FSA matters.

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2255 Petitions. 

A successful ineffective-assistance-of-counsel case typically requires a defendant to show that their lawyer’s performance fell significantly below a reasonable standard and that this deficiency had a “reasonable probability” of changing the trial’s outcome. This principle is established by the landmark case Strickland v. Washington.

1. Examples of deficient performance: include:
   • Failing to investigate potential alibi witnesses;
   • Failing to object to inadmissible evidence;
   • Failing to present mitigating evidence in sentencing;
   • Misadvising the defendant about plea bargain options.
2. Example: In United States v. Singh, No. 24-3655 (6th Cir. 2025),

• • A physician was hired by staffing and telehealth companies to conduct “chart reviews” for patients in need of durable medical equipment (DME) like braces. She thought she was approving charts for patients already evaluated by other providers. However, the companies were later found to be defrauding Medicare by using physicians’ signatures to order DME and submit claims. The physician never examined the patients and wasn’t aware of the claims submitted or their amounts. Over three years, she earned approximately $78,000 for her work.

• • A grand jury indicted her on six counts of healthcare fraud under 18 U.S.C. § 1347. During the trial in the Northern District of Ohio, she was accused of defrauding Medicare by signing Durable Medical Equipment orders for unexamined patients. Testimonies from patients, Medicare investigators, and a physician—who wasn’t an expert—were presented. The court excluded the physician’s exculpatory statements. The jury found her guilty on all counts.

• • The Court of Appeals ruled that the district court erred by not instructing the jury on the defendant’s knowledge of her actions, excluding the physician’s statements, and allowing non-expert testimony. These errors were significant, leading to the vacating of the convictions and a remand for further proceedings.”

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8/25/2025 New Wardens In The BOP Future

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PHONE CALL POLICY UPDATE:

• CHARGES ARE LISTED, PLUS,
• IF YOU ARE PARTICIPATING IN FSA [PA, OR EBRR], YOU’RE ENTITLED TO 210 EXTRA MINUTES PER MONTH.
• VIDEO EMBEDDED.

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Federal Legal News (FLN) 8/29/2025 – It’s Early.

Inbound email communication with inmates has faced strict limitations. One significant restriction is that non-profit organizations sharing current events or religious information are allowed to send only one email at a time. This limitation has forced some of these organizations to revert to traditional paper correspondence, which is an expense they cannot afford, while others have simply stopped communicating altogether.

Topics:

Education.  With staffing shortages, FLN still receives letters from some institutions where inmates are doing the teaching, which may not be all that bad, as there are some very smart people incarcerated.

Inmate Protection.  A 67-year-old inmate, being held with a charge of child pornography, was killed while he was at FCI Pekin. A former inmate faces a manslaughter charge (5/8/2025) in his death. Questions remain as to why he was bunked with any inmate, yet this particular one, and then left unattended for many hours in their cell.  

BOP Director Marshall’s “Stacking” Memo, issued in June. While not being ignored by all Case Managers, it is definitely being ignored by a significant number. Read below: Federal Legal News 8/18/2025

• From Elkton: The case manager mentioned that stackability applies only to FSA credits with SCA. He believes the statutes treat halfway house and home confinement as separate, but only allow 6 months in a halfway house while suggesting it’s a year.
• He mentioned that once we’re approved for a year and the warden signs off, case managers can’t resubmit for home confinement. Many are resisting the new policy. The warden clarified in a memo that under the 2nd Chance Act, we can receive either up to 12 months of HWH or 10% of our time, which equals 6 months of home confinement.

From a prisoner at Tallahassee; 

• Flooding in the triplex; the drains cannot handle more water.  
• The kitchen staff are upset that people are writing up all the expired foods, serving sizes that are not the correct size, feeding buddies full servings, only to give the next person half a serving.
• Leaks in all buildings, water simply running.  
• Now we are told there is not enough hand soap or tissue/Tampax pads.
• Classes are closed daily.
• Women here with open sores and undiagnosed rashes.
• Without medication for days, they are unable to meet anyone’s medical needs, as there are not enough medical personnel to carry the load or the expertise.
• We all agree, Alligator Alcatraz looks like heaven compared to Tallahassee. (FYI: the grass isn’t always greener…) 

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Prison Policy Initiative, 8/25/2025

New report, Youth Confinement: The Whole Pie 2025, shows racial disparities in youth confinement worsening as total numbers go down

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Over the past 25 years, youth confinement in the U.S. has decreased by over 70 percent, a significant improvement compared to the adult criminal system, which has seen little change.

However, the U.S. still confines youth at more than twice the global average, and the juvenile legal system reflects many troubling aspects of the adult system.

• Severe racial disparities. 
• Large numbers of youth are held pretrial or for minor offenses.
• Prison-like conditions.

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8-18-2025

Video Message from the Director – Doing the Right Thing

• Doing the right thing shouldn’t need a manual; it just requires social skills and character.
• The ‘feel-good video’ needed to be made, but it shouldn’t have required the time and oversight from BOP Director Marshall III.
• The staff are hard-working, face pay cuts, excessive overtime, lack respect from superiors, feel the stress from inmates, and inadequate training for their roles.
• President Truman’s phrase, “The buck stops here,” reflects the responsibility of leadership, that Director Marshall follows.
• Having to confront a front-line Warden publicly is both embarrassing and should send a chill throughout the BOP senior staff that the days of the unacceptable may be over. Time will tell.
  • “The buck stops here” would be refreshing if we saw it in use at The Resolute Desk.

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Heat Incident Questions To BOP Director Marshall, 8-11-2025

Director Marshall III has a lot on his plate. His recent video (8/18/2025) included a conversation he had with a member of his senior staff:

• Why was he serving expired food, that he wouldn’t eat?
• Dealing with Heat as a component of  Climate Change, and Infrastructure…
• Ensuring his Wardens comply, 
  • Providing for the health of their staff and inmates, may be questionable, or too much to expect?
  • But, we can be hopeful.
  • My Comments In The Upper Right Of The Letter.

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Federal Legal News 8-18-25

CONFUSION STILL RULES THE DAY, 7 YEARS AFTER THE LAW WAS PASSED.

Case Managers: Regarding the processing of prisoner release dates.

DOJ attorneys representing the Bureau: as to current BOP policy allowing for the “stacking” of credits for both FSA and SCA, and

• continue to quote language from the SCA limiting halfway house/home confinement to 10% of your sentence,
• when there is absolutely NOTHING in FSA that limits the amount of home confinement that you can receive. 

Result: it may be that for most who are eligible for home confinement, you’ll first have to go to a halfway house, so that US Probation can properly process them.

A reader’s personal experience trying to get an accurate release date:

 “I was called in to the Case Manager’s office a few minutes ago to discuss my sentence miscalculation issue.  

The  Case Manager told him that DSCC had emailed him, advising that recalculation issues are more appropriately handled at the institution level (?).                                                                                  

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Remember that Director Marshall’s FSA Task Force has already begun solving this issue.

• 8/1/2025: BOP Message from Director William K. Marshall III
• 7-15-2025: Director Marshall Visits FCI Sandstone and FPC Duluth (2)
• 7/14/2025: FSA Task Force – BOP_ Director Marshall
• Example of One BOP Facility WHO GOT THE MEMO: R– – FSA
  • Please send me a ‘Nameless’ copy of yours – if your facility has got it right. Thank you!
• 6-17-2025 Directive to Fully Implement First Step Act
• Second Chance Act of 2007: SCA SECOND CHANCE ACT STATUTE-122-Pg657

Continuing:

Approximately three weeks ago, the individual sent a request to the DSCC Team, specifically to FSA Task Force, Rick Stover, in Grand Prairie, Texas, asking for the new task force to manually calculate my FSA credits through to my Projected Release Date. (PRD).  This is precisely what the TASK-FORCE was created to do!!

• I included exhibits of my last few FSA Time Credit Assessment sheets as exhibits.  
• Today, DSCC forwarded my request to the prison Warden’s Office, who forwarded the request to my Case Manager.
• The Case Manager, confused, typed an objection to DSCC because FSA FTC calculations are only done at the DSCC Regional Office, and
  • that Case Managers have no authority or ability to recalculate FTCs at the institution level.  
• I thought Rick Stover and the FSA Task Force were supposed to be handling this issue? 
  • You Are Correct. Please See Memos Above.

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My Takeaway:

1. Another option:

2. Bop.gov

3. https://www.bop.gov/contact/

4. Pick: Report a concern

5. Inmate or Staff Misconduct Concerns

6. Next:

7. Select Type

8. Email (yes, this should be done by a loved one outside of prison – not you inside.)

9. Pick the prison

10. Enter the topic: BE 100% ACCURATE

In the box, describe that Director Marshall’s Memos aren’t being followed by his staff, and in the space below, be specific

Mail Return Receipt

To: Dir. Marshall III
Federal Bureau of Prisons
320 First St., NW
Washington, DC 20534

Phone: (202) 307-3198

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Sizzling Hot, Drugs and Sex at the BOP – Update for August 19, 2025, lisa-legalinfo

BOP Unions Continue ‘Drug Poisoning’ Drumbeat: 

Marc Fischer—a longtime mailroom supervisor at U.S. Penitentiary, Atwater and former Coast Guard member—lost his life after being exposed to contaminated mail,

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Since then, nothing has changed. Dangerous substances continue to pour into federal prisons weekly, and staff are left to fight this epidemic with outdated technology and little support from the Bureau.”

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FCC VICTORVILLE, CA, UNITED STATES, April 13, 2025.

Ten staff members at FCC Victorville suffered exposures over a four-day stretch.

In a separate report, WDTV reported that 5 FCI Hazelton employees were taken to the hospital last Wednesday morning, according to the BOP, after being exposed to drugs. The report said, “Any time fentanyl or carfentanil is found, the officers are being sent to the hospital as a precaution…”

• WTTV, Federal Prison Staff Still at Risk as Drugs Continue Flooding Through the Mail (August 13, 2025)
• WDTV, Multiple FCI Hazelton employees exposed to carfentanil for 4th time this week (August 11, 2025)

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8-11-2025

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A key provision driving Medicaid cuts is the introduction of work requirements, which are scheduled to take effect in late 2026. Adults over 19 must demonstrate 80 hours of employment or community engagement each month and recertify every six months to maintain coverage.

Critics, including legal experts like Michigan law professor Mira Edmonds, argue this disproportionately affects formerly incarcerated individuals, who face a 27% unemployment rate due to stigma and systemic barriers. Many struggle to find stable work, making it challenging to meet the new requirements and risking their access to essential healthcare.

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Federal Legal News

(USSC) The 2025-26 amendment cycle.

 “Providing courts with additional guidance on selecting the appropriate sentencing option (e.g., imprisonment, probation, or fine);

• Further examination of the penalty structure for certain drug trafficking offenses, methamphetamine, and fentanyl.
• Examination of whether the fraud guidelines appropriately reflect the culpability of a defendant and harm to victims.
• Continued exploration of ways to simplify the Guidelines.
• Examination of whether the Guidelines provide appropriate adjustments for good behavior.
• Examination of offenses involving sophisticated means; and
• Review the human smuggling guideline to ensure it considers various factors. The Commission will also prioritize new laws, resolve circuit conflicts, and assess the effectiveness of the Bureau of Prisons in meeting sentencing purposes.

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(See RDAP sentence reduction disqualification, limiting Second Chance placements, interpreting offenses that the Supreme Court has said are non-violent as violent, making it impossible for medium and high security prisoners to earn FSA sentence credits, etc.) 

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THE PRESIDENTIAL PEN. 

The administration, starting with the J6s, has turned the dysfunctional clemency process on its head. 

• Approximately 21,304 individuals are currently detained for non-violent immigration offenses, which constitute 34.7% of the federal system. Notably, around 20,000 would be willing to return to their home countries voluntarily, at a significant cost savings to us, and it would be more humane for them.

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FAST TRACK DEPORTATION OPTIONS

• 3-2025_7 FAM 480 INTERNATIONAL PRISONER TRANSFER PROGRAM
• Fact Sheet_ Rapid REPAT
• Justice Manual _ 9-35.000 – International Prisoner Transfers
• Notice from September 23, 2003, United States Sentencing Commission
• The Institutional Hearing and Removal Program for Federal Inmates

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The PEN could also help some of the 8,000 veterans in federal custody for non-violent drug-related offenses, many of whom are elderly or struggling with mental health and substance abuse issues, and are not receiving adequate medical care.

• S.2372 – VA MISSION Act of 2018, signed into law by President Trump in 2018, if properly applied, could spare the BOP the expensive task of properly treating these individuals and transfer them to the care and custody of probation and the VA.
• The Problem – HE HAS FIRED EVERYONE IN THE VA. THERE’S NO ONE TO ANSWER THE PHONE – IN A REASONABLE AMOUNT OF TIME.

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Lawful Permanent Residents

The BOP can limit or cancel Residential Reentry Center placements for non-US citizens (Lawful Permanent Residents), regardless of Federal Sentencing Guidelines and Sentencing Commission eligibility.

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Alderson Federal Prison Camp

“Today, 08/7/25, at 11:30 am, there was a town hall meeting, the topic was about the new 24/7 video that is available for the staff to watch during the town hall meeting. (Perhaps someone should reach out to Director Marshall III?)

The Results.

• No inmates’ dates will be changing
• At their teams, they will get an updated assessment sheet
• The only change on the sheet says they will be able to have a new home detention availability date. 
• The new date does not mean that you will be going home on that date.
• It depends on the resources that are available in your city and state, where you are transitioning to.
• The bucket days will be capped at 760 days, and if any one sentence is pre-calculated for more time, they will have to lose those days because they cannot be accommodated for those days in the halfway house.”

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Derek Gilna, Director of Research, JD (De Paul Law School, 1975), MARJ (Vermont Law School, 2020), Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; dgilna1948@yahoo.com or Spanish; federallc_esp@yahoo.com

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Heat’s Deadly Impact

The lawmakers also raised concern over the current state of BOP personnel and infrastructure, discussing how that may impact the Bureau’s ability to respond to extreme heat in federal prisons: 

“Several reports, including one conducted by the U.S. Department of Justice Office of the Inspector General, emphasize the ongoing crisis BOP facilities face due to severe staffing shortages and deteriorating infrastructure.  

Aging infrastructure poses significant risks to facilities lacking proper air-conditioning systems, which are critically important in preventing serious health issues associated with extreme heat. Staffing shortages limit staff capacity to mitigate extreme heat issues, making those with medical and mental health conditions that are exacerbated by high temperatures more vulnerable to heat-related illnesses or deaths.”

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Climate Change Is Even More Severe on Those Incarcerated With Medical Illnesses

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8-6-2025

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News Release, August 6, 2025

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ALLENWOOD LOW

Certification of the VT barbering program through the Pennsylvania State Board of Barber Examiners, launched in April 2023.

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The Medical Center for Federal Prisoners (MCFP) in Springfield, Missouri, operates the only prosthetics lab of its kind within the federal prison system.

• They fabricate and repair prosthetic and orthotic devices entirely in-house using materials such as thermoplastics and carbon fiber laminate.
• Telemedicine: Can Expand Access and Streamline Care
• Its Broader Impact can be on a person’s Rehabilitation and Reentry, as the training involved is through a rigorous 8,000-hour apprenticeship program.

THE CAVEAT: AS THE BOP IS SHORT STAFFED, AND EVERYONE IS LOOKING AT THE FSA/SCA ETC TASK FORCE, IF THE PATIENT’S PROSTHETIC PRESCRIPTIONS DON’T COME IN…

• Time will tell, as this program has been here for 20 years.

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In A Major Shift, Judges Now Openly Distrust Government Lawyers

The traditional bonds of trust—referred to in legal terminology as the presumption of regularity- extend far beyond the harsh labels judges have used, such as “egregious,” “brazen,” and “lawless,” to characterize the different facets of Trump’s aggressive pursuit of power.

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Doubts raised by judges about the department and its representatives can significantly affect court operations. Law professor Stephen I. Vladeck noted that the credibility of the government is essential for the legal system to function effectively. Without this credibility, it becomes harder for the government to handle even routine matters in court, leading judges to question decisions they would have previously accepted.

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In recent weeks, many judges have voiced skepticism about the honesty and credibility of Justice Department lawyers. A notable instance occurred in June when Magistrate Judge Zia M. Faruqui criticized prosecutors for seeking “highly deferential” compliance to keep a search warrant sealed. He rejected this notion, declaring, “Blind deference to the government? That is no longer acceptable. Trust that has taken generations to build has been shattered in mere weeks.”

MY COMMENT. This sentiment is bound to spill over into criminal cases, where having great defense counsel is crucial. 

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Federal Legal News 8-4-25

One prisoner shared, “I received my halfway house date, which I’ve had since last November, after finalizing my travel plans and completing my thumbprint. Then I found out I lost my date due to a lack of bed availability.” Practically, it could take a while (up to a year?) to fully implement and get a “buy-in” from BOP staff.

• At a time when the BOP struggles to stock its prisoner-funded commissary, provide adequate medical care, and provide toilet paper, it will, sadly, not be able to correct your release date, forcing you to stay in prison longer unless you seek judicial intervention.

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In a case brought to my attention by a reader, the BOP incorrectly based its disqualification on an enhancement, rather than one of the enumerated disqualifying offenses specified in the FSA.

• “Petitioner pled guilty to Possession with Intent to Distribute Fentanyl but specifically did not plead guilty to a count charging “that death or serious bodily injury resulted from the use of such substance… the mere existence of an enhancement did not convert his conviction to one for an offense under the portion of 841(b)(1)(C) referenced in 18 USC Section (d)(4)(D)(1viii…. “Citing Lallave v. Martinez, 635 F. Supp. 3d173 (E.D.N.Y. 2022) dealt directly with this issue. The BOP eventually agreed and granted Petitioner his credits. In noting this, the court stated, “Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On August 9, 2024, Petitioner filed the instant habeas petition. (Doc. 1.) On November 6, 2024, Respondent filed a motion to dismiss the petition. (Doc. 10.) Respondent seeks dismissal because Petitioner was granted the relief he sought, to wit, the BOP has deemed him eligible to earn and apply First Step Act time credits to his sentence.” Note that the successful Petitioner filed more than FIVE YEARS before his outdate.

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This week’s Sentencing Committee vote focuses more attention on the Methamphetamine changes that both scientific studies and numerous court decisions have shown are long overdue.

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My Opinion

The street mixing of these analogues has dramatically intensified their medical impact, making it a critical issue that cannot be ignored.

• Xylazine HCL (only for Veterinary use), but is now mixed with Fentanyl, called TRANQ Dope, further mutating to POLYDRUGS.
• Policing the most significant drug market on the eastern seaboard: officer perspectives on enforcement and community safety.
• The urgent need for congressional action on illicit Xylazine
• The BOP has its Manual for Detoxification of Chemically Dependent Inmates, judge for yourself. Page #14, 9. OPIATE WITHDRAWL

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8-1-2025

Epstein victims claim ‘Cover Up.’

Ghislaine Maxwell has been transferred to a less restrictive, minimum-security federal prison camp in Texas, FPC Bryan. According to a Bureau of Prisons policy (Chapter 5, Page 12), people with a sex offender determination known as a “public safety factor” are required to be housed in at least low-security prisons unless they receive a waiver from an arm of the bureau that designates inmates. 

The rest appears to be routine. After meeting with Deputy Attorney General Todd Blanche in Florida,  he reports to his leadership, Attorney General Pam Bondi. After this, BOP Director William Marshall III is brought into the loop, and the rest is history. However, please note that this is not the typical process for determining an inmate’s eligibility for a lower security prison.

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A Message From BOP Director William Marshall III, Overview;

• The updated Time Credit Application Program tool has integrated the First Step Act and Second Chance Act to provide home confinement placement dates.
• BOP staff now have 24/7 access to a training video on maximizing home confinement under the First Step Act and the Second Chance Act.
• This video training ensures that all case managers, whether experienced or new, accurately interpret dates, verify eligibility, and effectively utilize the capacity of halfway houses.
  • The Caveat. This is one more job for case managers, as the system is still understaffed, and for some, their plate is full.
  • Augmentation. When general non-correctional staff (such as teachers and medical personnel) have to substitute as Correctional Staff.
• Those who neglect their responsibilities will be held accountable. I won’t let the hard-working 99% be overshadowed by the few who fail to do their jobs.

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Rick Stover, Senior Deputy Assistant, Will the First Step Task Force Make A Difference?

FIRST STEP TASK FORCE FINDING ITS FOOTING

Rick Stover, Senior Deputy Assistant Director of the Federal Bureau of Prisons’ Designation and Sentence Computation Center (DSCC), stated that the task force has begun evaluating prisoners now in halfway houses, who could be transferred to home confinement (because the BOP’s computer program currently cannot calculate these dates once inmates are released [to] halfway houses” ) for them to receive the full benefit of “stacking.” 

Another significant difference here is that Director Marshall was put in a position where he knew he had to make a decision, and he did!

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Federal Legal News 7-28-25

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FPC Alderson

“My Case Manager isn’t following the latest memo from the Director. My main issue is the unit team giving me the runaround about the Home Confinement Expansion directive. They claim they’re correctly filing paperwork to the RRM/RRC, but if there’s no availability in the halfway house, why not consider home confinement? …we’re being kept away from our families longer than necessary.” 

FPC Canaan

“My case manager mentioned that due to the new FSA Taskforce, the regional response and BOP director Marshall’s directive state that individuals placed in home confinement will only receive 6 months under the SCA, instead of the potential 365 days…”   

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Derek Gilna, Director of Research, JD, Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; dgilna1948@yahoo or in Spanish; federallc_esp@yahoo.com.

 

____ The Process – An Overview ___

To get Good Time Credit, you must either have the following; 

• 54 days of credit against EVERY YEAR – UP FRONT YEARLY..
• Earned your GED or, 
• Made satisfactory progress toward reaching your GED and 
• Avoid disciplinary infractions.

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First Step Act (FSA)

• The program allows up to 365 days of earned time credits (ETC), which will apply to early release

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RDAP

• Time off Sentence with RDAP
  • sentenced > 36 months, you may receive up to 12 months off the sentence.
  • Sentenced> 30 months, you may receive up to 9 months off the sentence.
  • Sentenced> 24 months, you may receive up to 6 months off the sentence.

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Second Chance Reauthorization Act (SCA)

No one can be released to HC for more than 10% of their sentence, with a maximum of 6 months, whichever is shorter.

If an individual has,

• An established release plan and
  Does not need the services of a Halfway House, and
  Has a 60-month sentence,
  That individual cannot receive more than 180 days of home confinement.

Or,

• If your sentence is > 60 mo (5 yrs) = last 6 mo on home confinement.
• If your sentence is < 60 mo (5 yrs) = last 10% on home confinement.

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7/21/2025

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Federal Legal News 7/21/2025

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FCI Sheridan,

The newest Prison to Embrace Censorship is blocking prisoner access to Federal Legal News.

• To get medical care, an inmate was left to fake a suicide attempt to get seen.
• Correctional officers are working mandatory overtime, leading to exhaustion, and healthcare workers and educators are being asked to perform tasks for which they were not hired, according to Michael Horowitz, the Justice Department’s Inspector General.
  

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FSA Task Force

Director Marshall initiated a task force at the Designation and Sentence Computation Center (DSCC) to help the Bureau’s Residential Reentry Management (RRM) offices by manually identifying and correcting community placement dates. This aims to ease the workload on institution staff and expedite the transfer of eligible inmates to community confinement. The task force will:

– Identify individuals in Residential Reentry Centers (RRCs) eligible for home confinement.
– Manually calculate home confinement placement dates using both the FSA and Second Chance Act (SCA).
– Relay these dates to RRM offices to accelerate transitions and free up RRC bed space.
– Review incarcerated individuals for additional community placement opportunities.

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While at FCI Bryan, inmates were informed that a June 17, 2025, policy directive from Director William K. Marshall regarding FSA and SCA would be ignored. Town halls indicated that the bulletin on home confinement and prerelease placement is invalid due to a lack of signature and BOP approval. The Unit Manager stated that home confinement dates will only consider actual dates, disregarding earned credits and community readiness, and dismissed inmates’ concerns about reporting issues. Fearing retaliation, the women are requesting an investigation into these matters. DIRECTOR MARSHALL, IT APPEARS THAT PARENTAL SUPERVISION IS NEEDED AT FCI BRYAN, AS THE UNIT MANAGER MAY NEED A ‘TIME OUT.’

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The BOP still relies on a DOSS (really ?) -based system that requires manual calculations for sentence credits, even in 2025. Many unit team members prefer the outdated, decentralized system, allowing wardens to manage prisons with little oversight. Although there are dedicated Bureau employees, changing this culture of unaccountability will take time. In the meantime, we are here to assist you with the new Director’s Memos for 2241 petitions, which will be essential for months or years to come.

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UNDOCUMENTED?

The BOP agrees that you are entitled to FSA credits for earlier release, even with an ICE detainer. However, it often assigns a “Public Safety Factor” administratively to prevent you from being transferred to a halfway house.

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Derek Gilna, Director of Research JD,  Federal  Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; dgilna1948@yahoo or in Spanish; federallc_esp@yahoo.com.

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7/20/2025

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Newsletter to Federal Prisoners

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SENTENCING COMMISSION HOLDS GUIDELINE RETROACTIVITY HEARING

The Federal Defender Sentencing Guideline Committee made the case bluntly:

If there was ever a time for the Commission to make ameliorative guideline amendments retroactive, it is now. The reality is simple, indisputable, and unacceptable: the [BOP] is unable to humanely and safely hold the people in its custody… The BOP is in the midst of multiple, self-described crises, which are decades in the making and from which the BOP has neither the plan nor the means to escape.”

A retroactivity decision will come next month.

US Sentencing Commission, Public Hearing on Retroactivity (Jul 16)

Federal Public Defenders, Comment on Possible Retroactive Application (Jul 16)

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7/15/2025

Compassionate Release Rulings – Update

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1st. The 4^th Circuit ruling first: Richard Smith has served about half of his 504-month  crack cocaine conspiracy and stacked 18 USC § 924(c) sentences. He filed for compassionate release, citing his advanced age, poor health, rehabilitation efforts,  and the disparity between his current sentence and the one he would receive for the same conduct if sentenced today.

The district court found that there were “extraordinary and compelling reasons” to grant the compassionate release motion, but in weighing the 18 USC § 3553 factors, the court concluded that “[r]eleasing Smith would not reflect the seriousness of the offense conduct, promote respect for the law, provide just punishment for the offense, or deter criminal conduct.” 

The 4th Circuit reversed the district court’s decision and instructed that Dick be allowed to go home. It ruled that the sentence disparity from the First Step Act‘s elimination of “stacked” mandatory minimums under §924(c) can be considered an “extraordinary and compelling reason” under § 3582(c)(1)(A)(i). This suggests that the Sentencing Commission’s compassionate release guideline 1B1.13(b)(6) is lawful. The Supreme Court will soon decide whether this guideline oversteps the Sentencing Commission’s authority in Rutherford v. United States.

2nd.  The Circuit found that the district court’s summary of the §3553 factors overlooked that they favored Smith’s release. At 71, Smith suffers from multiple serious health issues, making him totally disabled and posing no recidivism risk. He has had only two minor infractions in 20 years and has actively engaged in vocational and drug treatment programs. The court criticized the district’s view that a reduced sentence wouldn’t deter crime, noting that Smith will have served nearly 25 years of his 42-year sentence by the time of his release, which already serves as a significant deterrent.”

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FORMER BOP INMATE – NOW BOP DEPUTY DIRECTOR

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7/14/2025: New initiative to Tackle Delays, Equip Staff with the Tools to Deliver Timely FSA Results.

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OVERVIEW.

1. Identify individuals currently in Residential Reentry Centers (RRCs) who are eligible for home confinement; 
2. Manually calculate home confinement placement dates that “stack” both the FSA and Second Chance Act (SCA); 
3. Relay those dates to RRM offices to accelerate transitions and free up RRC bed space;
4. Review eligible incarcerated individuals inside institutions for additional community placement opportunities.

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7-14-2025, Federal Legal News  – At The Same Time, At…

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FPC Bryan, Texas:

Case Managers are still using the outdated system, pressuring prisoners to sign for halfway house dates before their eligibility is assessed correctly, even for those eligible for home confinement. The Warden stated the new mandate doesn’t apply, and Unit Teams claim they’re awaiting direction from RRM-Grand Prairie. One Unit Team Manager even said that dates wouldn’t change, so inquiries are pointless. Hope you retain your current date instead of losing it.

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FCI Milan:

“I was also told (by my case manager that ‘there was no such guidance coming from the bureau, and if there was, it’s not our business’). The higher-ups here stated, ‘Yeah, well, the BOP only put that memo out to shut Congress up, but there is no such change.’”

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FCI Coleman, LOW

Deputy Joshua J. Smith,
He did a rare, largely unescorted tour of Coleman, where he listened to prisoners’ complaints without staff interference. These were just some of the complaints:
1. Inability and/or unwillingness of staff to properly place FSA and SCA time.
2. Widespread use of group punishment.
3. Seemingly institutionalized homophobia and racism exhibited by staff, as in not just a couple of bad actors.
4. Environment of something resembling a partial lockdown.
5. Almost total lack of rehabilitative training. Our only vocational classes that are regularly in use are horticulture and culinary, and I have been on both waiting lists for over five years, for example.
6. 3 men to a room of roughly 80 square feet in violation of congressional mandate regarding housing space; they try to get around it by counting the total floor area of the unit.”

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‘CHANGING A CULTURE’ WITHIN THE BOP.

IMPLEMENTING THESE CHANGES – SOUNDS EASY. WHAT IF NO ONE’S LISTENING?

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THE FULL BENEFIT OF THE FSA AND SCA IS TRIGGERED WITH SENTENCES OF OVER 74 MONTHS  

(UNDER AND OVER 60 MONTHS, COULD BE INFLUENCED BY YOUR ADVOCACY)

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7-7-25 Federal Legal News

The Bureau restricts the sharing of First Amendment-protected information (such as email) with prisoners from charitable, religious, and legal sources. It’s disappointing that a transparent administration would block news that helps isolated prisoners connect with the outside world.

From: admin@corrlinks.com
Date: 7/7/2025 1:55:09 PM
Subject: Messaging Policy Change

Message,
The Bureau of Prisons has instructed CorrLinks to ensure that each message is sent exclusively to one BOP inmate. This does not prohibit you from communicating with multiple inmates, but messages must be sent to only one BOP inmate. This also means BOP inmates cannot be in an inmate group. The change will be effective July 9th morning.

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• Many prisons report shortages of food, medical care, and basic supplies, attributing continuous lockdowns and cuts to crucial programs, like drug treatment, to budget issues. These problems intensified after the election and the cancellation of “retention pay” bonuses.
• Mismanagement and potential fraud in the Bureau are clear, with some staff worsening inmate discomfort amid salary cuts and changes to sentence reductions. If inmate necessities are underfunded, why are there new soft-serve ice cream machines in employee canteens?
• The Director must quickly address this issue. The Central Office should collaborate with the Attorney General to educate staff on not defending violations of the FSA and SCA, ensuring prosecutors understand that prisoners can be held accountable for constructive activities and good behavior.
• Inmates shouldn’t take everything their case manager says at face value. It’s important not to let your case manager delay your release date, as they’re responsible for calculating sentence credits. If they experience difficulties,  their families can contact Washington, and inmates can start the Administrative Remedy Process.
• The Director’s newest memos, which summarize the law that should have been followed over the past four years, are not optional. Don’t wait to file your remedies.

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MY TAKEAWAY: UNTIL GRAND PRAIRIE, TX., CASE MANAGERS AND WARDENS FOLLOW DIR. WILLIAMS III 6/17/2025 MEMO.

ENSURE YOUR

PRESENTENCE REPORT, RELEASE PLAN, AND DAILY ROUTINE ALL FOLLOW THE SAME GOAL

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FOR MEDICAL COMPASSIONATE RELEASE

Remember, since the 2023 Guidelines went retroactive,

The grounds for compassionate release to extract you from this medical nightmare have greatly expanded. Among the grounds for compassionate relief are:

Rehabilitation,

• • Serious physical or medical condition 5410.01, (USSG §1B1.13(b)(1)(B)),
  • Terminal illness (USSG §1B1.13(b)(1)(A)),
  • Family circumstance – care for minor/disabled child (USSG §1B1.13(b)(3)(A)),
  • COVID-19/pandemic (USSG §1B1.13(b)(1)(D)) ,
  • Multiple 18 U.S.C. § 924(c) penalties (stacking),  

Career Offender issues,

• • Other mandatory minimum penalties/long sentence,
  • Family circumstances – care for parent (USSG §1B1.13(b)(3)(C)),
  • Extraordinary and compelling (not specified, 21 U.S.C. § 851 enhanced drug penalties, unusually long sentence (10 or more years), and change in law (USSG §1B1.13(b)(6)),
  • Mandatory nature of the guideline at sentencing,
  • Bureau failure to provide treatment (USSG §1B1.13(b)(1)(C)),
  • Guideline amendment (not yet in effect),
  • Deteriorating physical or mental health due to the aging process (USSG §1B1.13(b)(1)(B)),

Age 65 and deteriorating health and served 10 years/75% (USSG §1B1.13(b)(2)),

• • Nearly meets the requirements of USSG §1B1.,
  • Safety Valve disqualification,
  • Family circumstances – care for other immediate family member (USSG §1B1.13(b)(3)(D),
  • Abuse by correction officer/BOP contractor (USSG §1B1.13(b)(4)), and other unspecified.

Also, the Bureau is clearly in violation of the following law:

 “SEC. 611. HEALTHCARE PRODUCTS.

(a) Availability. —

The Director of the Bureau of Prisons shall make the healthcare products described in subsection   

(c) available to prisoners at no cost, in quantities appropriate to each prisoner’s healthcare needs.  

(b) Quality Products. –

The Director shall ensure that the healthcare products provided under this section conform with applicable industry standards.  

(c) Products.

The healthcare products described in this subsection are tampons and sanitary napkins. December 17, 2018 – Issue: Vol. 164, No. 198 — Daily Edition, Congressional Record.

Illness of a close family member is also now grounds for compassionate release under the 2023 Guidelines.   

Here are just a few cases (predating the Guidelines change), that support that form of relief, which we would be happy to work with you on.  

See:

• • United States v. Howell, 2020 WL 7260740, at *1 (D. Colo. Dec. 10, 2020), where a family member has stage IV cancer, and the mother of the children cannot help;
  • United States v. Bryant, 2020 WL 6686414, at *1 (E.D. Wash. Nov. 12, 2020) where the defendant had, Ankylosing Spondylitis, an inflammatory disease, a deformed spine, had to take Humira, which is an immunosuppressant, had an immune system weaker, with his mother at home suffering from dementia;
  • United States v. Morrison, 2020 WL 6806765, at *1 (D. Nev. Nov. 19, 2020), where children, 15 and 16, have severe medical conditions, and the current caregiver was a 60-year-old mother with a bad back.
  • United States v. Collins, 2020 WL 3971391, at *1 (D. Kan. July 14, 2020), where in addition to being a diabetic and Hep C patient, the defendant’s husband is sick and incapacitated.
  • United States v. Osborne, 2020 WL 3958500, at *1 (W.D. Va. July 13, 2020), where the defendant has Lupus, and the defendant’s mother is 70 years old, suffers from cardiac disease, COPD, diabetes, is on oxygen, and needs daily assistance from a caretaker.

Derek Gilna, Director of Research, JD, (De Paul Law School, 1975), MARJ, (Vermont Law School, 2020), Federal Legal Center, 133 W. Market, #171, Indianapolis, IN 46204; dgilna1948@yahoo.com   @yahoo.com (English newsletter and ALL inquiries, English or Spanish); federallc_esp@yahoo.com

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Walter Pavlo, a writer for Forbes.com, 6/30/2025

Recently conducted an exclusive interview with the newly appointed Bureau of Prisons (BOP) Director, William Marshall III. Marshall told me, “…We intend to fully implement the First Step Act (FSA), something that will be part of this president’s legacy on criminal justice reform.” 

Under the First Step Act (FSA), eligible inmates can earn up to 15 days off their sentence each month, with a maximum reduction of one year, and accumulate an unlimited number of days toward home confinement.

However, implementation has faced challenges, including computer issues that affect sentence calculations and a need for more precise guidance for case managers. Feedback from inmates and families indicates uncertainty, with signs on case managers’ doors reflecting this lack of information.

To address these issues, our Washington office is prepared to offer support. Case managers are encouraged to reach out with questions, and we will soon host a national training event to provide comprehensive guidance. It’s essential for everyone to actively participate to strengthen our Agency and achieve our goals.“

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7/3/2025

From an RRC or Halfway House (HH)

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7/2/2025

From: LISA LEGAL (WHERE THE RUBBER MEETS THE ROAD) and Federal Legal News 6-16,30-25

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William K. Marshall III promised that his new policy “ensures that FSA Earned Time Credits and SCA eligibility will be treated as cumulative and stackable, allowing qualified individuals to serve meaningful portions of their sentences in home confinement when appropriate.”

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Not exactly…
Instead, it directs that “[]n addition to FTCs for those individuals who have earned less than 365 days of FTCs, staff must also consider adding up to an additional 12 months of prerelease time under the SCA, based on the five-factor review.”

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6/17/2025

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At one camp, the Unit Manager informed individuals who had waited for hours that there was no memo regarding changes, despite having previously acknowledged its existence. The manager requested not to be disturbed.

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“I’m set for release in four months due to time credits, but I still owe over 200 days from the COVID transit period. My case manager mentioned home confinement for eligible inmates but dismissed it, saying, ‘I won’t act until I get directives from Central Office.’ This attitude keeps us in limbo.”

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Alderson can be one of those failing to properly apply FSA and SCA sentence credits.

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Individuals with less than 365 days of FSA time credits toward supervised release may have their pre-release time extended by up to 12 months under the SCA. This extension should be based on a careful five-factor review of each case.

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Unfortunately, despite what the Director said, people who have more than 365 FTCs to be used toward prerelease custody will likely not receive any SCA time whatsoever.

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Prisoners need to serve at least 74 months to earn over 365 FTCs for halfway house or home confinement eligibility. Ironically, those with the longest sentences benefit the most from this but may be denied access. This inconsistency reveals a flaw in the system that undermines fairness and the rehabilitation process.

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The issue is that, despite the claim that time is “cumulative and stackable,” a five-factor review for someone already serving 12 months in a halfway house under the FSA is unlikely to find additional time necessary. This raises concerns about their opportunity to adjust for successful reentry.

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Second Chance Act of 2007: Community Safety Through Recidivism Prevention.
42 USC 17501

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