Opinion
Civil Action 23-119-DLB
04-04-2024
GREGORY M. TWITTY PETITIONER v. WARDEN DAVID LEMASTER RESPONDENT
MEMORANDUM ORDER
David L. Bunning United States District Judge.
Federal inmate Gregory M. Twitty filed a pro se Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 in which he argues that the Federal Bureau of Prisons (BOP) incorrectly determined that he is ineligible for First Step Act (FSA) time credits. (Doc. # 1). The United States Attorney's Office for the Eastern District of Kentucky entered an appearance on behalf of the Respondent and filed a response in opposition to Twitty's petition. (Doc. # 8). This matter is now ripe for a decision.
The Court has fully reviewed the parties' submissions and will deny Twitty's request for relief. As an initial matter, the U.S. Attorney's Office represents that Twitty was convicted of multiple federal crimes in the Southern District of Ohio, including distribution of a controlled substance and possession of a firearm in furtherance of a drug trafficking offense. (See Docs. # 8 and 8-1). The latter conviction was a violation of 18 U.S.C. § 924(c). (See id.). Twitty was ultimately sentenced to a total of 120 months in prison. (See id.).
The Court recognizes that the FSA allows a prisoner to earn time credits towards pre-release custody or supervised release if he successfully participates in evidencebased recidivism reduction programs and other productive activities. See 18 U.S.C. § 3632(d)(4). However, the FSA also provides that a prisoner is ineligible to receive such time credits if he is serving a sentence for a disqualifying offense, and the statute specifically includes convictions under § 924(c) as one such disqualifying offense. See id. at § 3632(d)(4)(D)(xxii). Given Twitty's conviction under § 924(c), the BOP correctly determined that he was ineligible to earn FSA time credits. (See Doc. # 8-1 at 2).
As best as the Court can tell, Twitty suggests that subsection xxii somehow does not apply to his case based on his reading of that statute. (See Doc. # 1-1). However, Twitty's argument is exceedingly difficult to follow, and, as the U.S. Attorney's Office argues, his “strained reading” would appear to render subsection xxii meaningless. Moreover, Twitty has not clearly identified any case law or other legal authority to support the position that he is eligible for FSA time credits notwithstanding his conviction under § 924(c). And while Twitty offers other arguments in support of his petition-including those related to his PATTERN score-those arguments are likewise unavailing for the reasons stated in the Government's response. (See Doc. # 8 at 4).
Accordingly, it is ORDERED as follows:
(1) Twitty's Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc. # 1) is DENIED;
(2) This action is STRICKEN from the Court's docket; and
(3) The Court will enter a corresponding Judgment.