Darrell D. Smith v. B. Eischen, Warden
AdministrativeLaw DueProcess JusticiabilityDoctri
Imposed-Term
Questions Presented .. 1. “Imposed Term" : 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™ 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-month or iess 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 supervised release) in the same manner as "GTC earnings" are computed, ‘ applied and awarded, i.e... "up-front?" et BL ss Po tal aes , (ii)