No. 23-6197

Daniel Joseph Teed v. Warden, Allenwood FCI Low

Lower Court: Third Circuit
Docketed: 2023-12-07
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: administrative-aggregation due-process equal-protection first-step-act sentencing statutory-interpretation time-credits
Key Terms:
AdministrativeLaw DueProcess Takings JusticiabilityDoctri
Latest Conference: 2024-02-16 (distributed 2 times)
Question Presented (AI Summary)

Is the ineligibility provision of 18 USC §3632(d)(4)(D) constitutional?

Question Presented (OCR Extract)

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:

Docket Entries

2024-02-20
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner GRANTED. The order entered January 8, 2024, is vacated.
2024-02-20
Petition DENIED.
2024-02-08
Application (23A703) granted by Justice Alito extending the time to file until February 15, 2024.
2024-01-26
Application (23A703) for an extension of time within which to comply with the order of January 8, 2024, submitted to Justice Alito.
2024-01-24
Motion DISTRIBUTED for Conference of 2/16/2024.
2024-01-17
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2024-01-08
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until January 29, 2024, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2023-12-14
DISTRIBUTED for Conference of 1/5/2024.
2023-12-12
Waiver of right of respondent Warden, Allenwood FCI Low to respond filed.
2023-12-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 8, 2024)

Attorneys

Daniel Joseph Teed
Daniel Joseph Teed — Petitioner
Daniel Joseph Teed — Petitioner
Warden, Allenwood FCI Low
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent