Gonzalez v. Eischen

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION: 5 Report and Recommendation is ADOPTED IN FULL; 1 Complaint is DISMISSED WITHOUT PREJUDICE. (Written Opinion) Signed by Judge Laura M. Provinzino on 11/25/2024. (TJC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
CHRISTOPHER GONZALEZ,

Case No. 24-cv-3740 (LMP/LIB)

Petitioner,
ORDER ADOPTING
REPORT AND
RECOMMENDATION

v.
B. EISCHEN,
Respondent.

This matter is before the Court on the October 17, 2024 Report and
Recommendation (“R&R”) of United States Magistrate Judge Leo I. Brisbois, see ECF
No. 5, which recommends dismissing Petitioner Christopher Gonzalez’s (“Gonzalez”)
petition for a writ of habeas corpus. No party timely objected to the R&R, see Fed. R. Civ.
P. 72(b)(2), so the Court reviews the R&R for clear error, Grinder v. Gammon, 73 F.3d 793,
795 (8th Cir. 1996) (per curiam).
Gonzalez contends that the Federal Bureau of Prisons wrongfully failed to award
him time credits earned under the First Step Act of 2018 (“FSA”). ECF No. 1 at 1.
Although the FSA provides circumstances under which time credits may be earned and
applied to shorten a prisoner’s sentence, see 18 U.S.C. § 3632(d)(4), the FSA
unambiguously excludes prisoners convicted of certain offenses from receiving time
credits, see 18 U.S.C. § 3632(d)(4)(D).
Here, Gonzalez pleaded guilty to, and was sentenced for, a Controlled Substances
Act violation under 21 U.S.C. § 841(b)(1)(B)(vi): drug offenses involving “40 grams or

more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2phenylethyl)-4-piperidinyl] propanamide,” which is more commonly known as fentanyl.
See United States v. Gonzalez, No. 20-cr-651-2 (JJT), ECF Nos. 87, 97 (N.D. Ill. 2022).
Individuals convicted of violating 21 U.S.C. § 841(b)(1)(B)(vi), like Gonzalez, are
unambiguously excluded from receiving time credits under the FSA.

18 U.S.C.

§ 3632(d)(4)(D)(lxvi). As such, the Court discerns no clear error in the R&R and adopts it
in full.
ORDER
Based upon all the files, records, and proceedings in this matter, IT IS HEREBY
ORDERED THAT:
1. The Report and Recommendation (ECF No. 5) is ADOPTED IN FULL.
2. The Complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: November 25, 2024

s/Laura M. Provinzino
Laura M. Provinzino
United States District Judge

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