Unreported / Non-Citable
Background
Federal prisoner Taurus McKinney filed a pro se petition under 28 U.S.C. § 2241 challenging the execution of his 135-month sentence for possessing with intent to distribute more than 40 grams of fentanyl. He alleged that his projected February 1, 2034 release date did not reflect all credits to which he was entitled under the First Step Act, the Second Chance Act, and the federal good-conduct-time rules.
Warden Charisma Edge argued that McKinney had not used the Bureau of Prisons’ administrative-remedy process. She alternatively contended that his fentanyl conviction made him ineligible to earn First Step Act time credits, that the BOP was properly applying his permissible credits, and that his requested Second Chance Act placement was not cognizable in habeas.
The Court’s Holding
The court dismissed the § 2241 petition without prejudice because McKinney had not exhausted his administrative remedies. His BOP records showed no administrative-remedy requests, and he did not demonstrate extraordinary circumstances establishing that the process was unavailable, inappropriate, or patently futile.
The court also concluded that McKinney’s claims lacked merit. It observed that he was projected to receive 566 days of good-conduct time after losing 41 days for possessing a cellphone; that his fentanyl offense disqualified him from earning First Step Act time credits under 18 U.S.C. § 3632(d)(4)(D)(lxvi); and that the Second Chance Act creates no additional credits or entitlement to prerelease custody or home confinement. It further explained that transfer to a residential reentry center or home confinement concerns conditions of confinement and is not cognizable under § 2241.
Key Takeaways
- A federal prisoner generally must properly complete the BOP’s administrative-remedy process before seeking judicial review of sentence-credit calculations under § 2241.
- A conviction involving 40 grams or more of fentanyl under 21 U.S.C. § 841(b)(1)(B)(vi) disqualifies a prisoner from earning First Step Act time credits.
- The Second Chance Act authorizes the BOP to consider certain prerelease placements but does not create additional sentence credits or require placement in a residential reentry center or home confinement.
Why It Matters
The decision reinforces that prisoners disputing BOP credit calculations must ordinarily give the agency the first opportunity to address the issue through its established procedures. A general objection to exhaustion is insufficient to establish the extraordinary circumstances needed for an exception.
It also distinguishes credits that can shorten or affect a sentence from discretionary prerelease-placement decisions, which do not necessarily provide a basis for habeas relief.