We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

CERTIORARI GRANTED ON USING § 2241 PETITION FOR FSA TIME CREDITS

Prisoners earning First Step Act time credits under 18 USC § 3632 use the first 365 credits to shorten their sentences.  Excess credits entitle them to more halfway house or home confinement.

A stark circuit split has developed over whether an inmate can bring a habeas corpus claim when the credits being denied to him would only give him more time in halfway house or home confinement as opposed to a shorter sentence.

Last week, the Supreme Court granted certiorari to a pro se petition that will result in the Court deciding whether a claim regarding application of FSA time seeking only accelerated transfer to halfway house or home confinement can be brought in a 28 USC § 2241 habeas petition.

The case will be argued next fall.

Maxwell v. Thomas, Case No 25-5930 (cert granted June 1, 2026)

Sentencing Law and Policy, Supreme Court grants cert on process for federal prisoners to challenge time credits under First Step Act (June 1, 2026)

~ Thomas L. Root