Daniel Joseph Teed v. Warden, Allenwood FCI Low
AdministrativeLaw DueProcess Takings JusticiabilityDoctri
Is the ineligibility provision of 18 USC §3632(d)(4)(D) constitutional?
QUESTIONS PRESENTED . . . : | I. Is the ineligibility provision of 18 USC §3632(d)(4)(D) constitutional? First Step Act Time Credits have a direct : and certain effect on the length of an inmate's sentence; when applied, entitle the inmate to an earlier release from custody as mandated by the statute. Contrary to accepted maxims of a4 interpretation, the ineligibility provisions of §3632(d)(4)(D), First Step Act of 2018, Pub. L. No. 115-391, deliberately and arbitrarily exclude a class of inmates from Time Credit benefit, departing from traditional constitutional principles of substantive due process and equal protection. II. Can the Federal Bureau of Prisons determine First Step Act ; Time Credit eligibility through administrative aggregation under 18 USC §3584(c)? The imposition of sentences is a function of the judicial process. The question of substance here, presents significant importance in federal law and the : need to resolve the needless conflict among Circuit Courts on the issue of administrative aggregation by the Federal Bureau . of Prisons' treatment of charge allocation being equally and fully allocable to each constituent offense. 7 -i: