Charles Anthony Giovinco v. Caryn Flowers, Warden
AdministrativeLaw DueProcess HabeasCorpus JusticiabilityDoctri
Whether a prisoner serving concurrent sentences for both eligible and ineligible offenses is eligible for First Step Act time credits under 18 U.S.C. § 3632(d)(4)
is whether a prisoner convicted of both an eligible and inelig ible offense, who (i) finished serving the sentence imposed on the ineligible offense , and (ii) is serving out only the concurrent sentence imposed on his eligible offense, is eligible for time credits. The second question presented is whether , in a case shaped by Chevron but decided after Loper Bright , the Second Circuit’s uncritical acceptance of an agency’s interpretation of the FSA, amounting to deference in fact if not in name , violates Loper Bright ’s clear mandate and spirit.