“[T]he length of a term of supervised release cannot be reduced ‘by reason of excess time served in prison.’” (quoting Johnson)
How later courts described this case
- “[T]he length of a term of supervised release cannot be reduced ‘by reason of excess time served in prison.’” (quoting Johnson)
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
___________________________________
:
DARREN BROWN, :
:
Petitioner, : Civ. No. 21-11583 (NLH)
:
v. : OPINION
:
LAMINE N'DIAYE, :
:
Respondent. :
___________________________________:
APPEARANCES:
Darren Brown
70050-050
Fort Dix Federal Correctional Institution
P.O. Box 2000
Joint Base MDL, NJ 08640
Petitioner Pro se
Philip R. Sellinger, United States Attorney
Angela Juneau, Assistant United States Attorney
Office Of the U.S. Attorney
District Of New Jersey
970 Broad Street
Newark, NJ 07102
Attorneys for Respondent
HILLMAN, District Judge
Petitioner Darren Brown pled guilty in the United States
District Court for the District of New Jersey to conspiring to
possess heroin with intent to distribute, 21 U.S.C. § 846.
United States v. Brown, No. 2:16-cr-00181 (D.N.J.) (ECF No.
246). On July 12, 2017, former Chief Judge Jose L. Linares
sentenced Petitioner to 120 months incarceration followed by 5
years of supervised release. Id.
On May 20, 2021, Petitioner filed a petition for writ of
habeas corpus under 28 U.S.C. § 2241 challenging the Bureau of
Prisons’ (“BOP”) refusal to apply earned time credits to his
sentence under the First Step Act of 2018 (“FSA”). ECF No. 1.
The United States opposed the petition. ECF No. 6. At the
time, the BOP calculated Petitioner’s projected release date to
be September 14, 2024. ECF No. 6-2 at 6.
On January 13, 2022, the BOP finalized a new rule codifying
the BOP’s procedures regarding the earning and application of
time credits under the FSA. FSA Time Credits, 87 FR 2705-01,
codified at 28 C.F.R. § 523.40 et. seq. On February 25, 2022,
the Court ordered Respondent to supplement its answer on the
effect, if any, the BOP’s final rule interpreting how and when
federal prisoners earn Time Credits under the First Step Act had
on Petitioner’s claim or whether the petition was moot. ECF No.
8. Respondent answered on April 22, 2022 that “while the BOP’s
final rule does not moot Brown’s request for the immediate
application of FSA time credits, his request is not yet ripe for
consideration.” ECF No. 10 at 3. “The BOP has not yet
calculated the amount of FSA time credit that Brown may have
earned, however, because he is not within 24 months of his
release date. . . . . [H]is good conduct time release date is
September 14, 2024; thus, he is not at risk for an untimely
release.” Id.
The Court requested a second update on March 29, 2023 as
“it is now less than 24 months before Petitioner’s Projected
Release Date of September 14, 2024. Respondent shall update the
Court as to the status of the calculation of Petitioner’s FSA
credits and the effect, if any, of said calculation on the §
2241 petition.” ECF No. 11. The United States responded that
“[o]n March 25, 2023, the BOP recalculated Brown’s FSA time
credits pursuant to the updated BOP Time Credit policy.” ECF
No. 12 at 2. “Brown is now eligible to accrue and apply FSA
time credits toward his release, home confinement, or placement
in a Residential Reentry Center. Further, BOP has applied 365
days of FSA time credits to Brown’s September 14, 2024 Good
Conduct Time release date, and Brown’s First Step Act release
date is now September 15, 2023.” Id. It argued the petition
should be dismissed as unexhausted. Petitioner did not file a
response.
The BOP has recalculated Petitioner’s sentence and awarded
him 365 days good time credits, resulting in an earlier release
date of September 15, 2023. Inmate Locator, available at
https://www.bop.gov/inmateloc/ (last visited July 24, 2023).
Petitioner has been released to the Philadelphia Residential
Reentry Management (“RRM”).1 If he objects to the BOP’s new
calculation of his sentence, he must exhaust his administrative
remedies before filing a new § 2241.
The Court can grant no further relief on the petition as
filed because the supervised release statute, 18 U.S.C. § 3624,
does not permit a court to credit a supervised release term with
a period of excess prison time. United States v. Johnson, 529
U.S. 53 (2000). Accord DeFoy v. McCullough, 393 F.3d 439, 442
n.3 (3d Cir. 2005) (“[T]he length of a term of supervised
release cannot be reduced ‘by reason of excess time served in
prison.’” (quoting Johnson)). Accordingly, the § 2241 petition
is moot and will be dismissed.
An appropriate order will be entered.
Dated: July 25, 2023 s/ Noel L. Hillman
At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.
1 Petitioner has not provided the Court with his new address in
violation of Local Civil Rule 10.1(a). The Court will direct
the United States to send a copy of this Opinion and Order to
Petitioner.