No. 24-5222

Darrell D. Smith v. B. Eischen, Warden

Lower Court: Eighth Circuit
Docketed: 2024-08-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: Bureau-of-Prisons Equal-Protection First-Step-Act first-time-credits FTC-Earnings imposed-term Liberty-Interest sentence-computation
Latest Conference: 2024-09-30
Question Presented (from Petition)

"Imposed Term" 1.
Whether "imposed term" used in 18 §3624 (g) , defining the
application of FTCs (First Step Time Credits) , has the same credit
application meaning as "imposed term" used to guide the application
of GTCs (Good Time Credits) as Congress amended into the
First Step Act in 18 USC §3624 (A)(b) (1)(i), converting "term
of imprisonment" to "imposed term 1* for GTCs?

2. "Liberty Interest"
Whether FTCs are equal to GTcs in "enjoying" a "liberty
interest? "

3. "Equal Protection"
Whether the BOP (Bureau of Prisons) is violating an inmate's
right to "equal protection" by awarding FTC (Credits) "imputed
as earned" to inmates serving 36-montn or less sentences,
but denying the same "imputation of' FTCs (credits) earned on
prerelease custody to inmates serving in excess of
36-month sentences?

4. "FTC Earnings"
Does the term "FTC earnings" (18 USC §3632 (d)(4) "shall earn")
include both (a) real-time earnings ("time served") and (b) "imputed
earnings" (projected FTCs earned on prerelease custody and super
vised release) in the same manner as "GTC earnings" are computed,
applied and awarded ,. i,e. , "up-front? "

Question Presented (AI Summary)

Imposed-Term

Docket Entries

2024-10-07
Petition DENIED.
2024-08-15
DISTRIBUTED for Conference of 9/30/2024.
2024-08-09
Waiver of B. Eischen, Warden of right to respond submitted.
2024-08-09
Waiver of right of respondent B. Eischen, Warden to respond filed.
2024-06-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2024)

Attorneys

B. Eischen, Warden
Elizabeth B. PrelogarSolicitor General, Respondent
Darrell D. Smith
Darrell D. Smith — Petitioner