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
Key Terms:
AdministrativeLaw DueProcess JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Imposed-Term

Question Presented (OCR Extract)

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)

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