Iverson v. Sage

Filing 7

MEMORANDUM re Petition for Writ of Habeas Corpus 1 filed by Elijah Iverson (Order to follow as separate docket entry) Signed by Honorable Keli M. Neary on 3/6/25. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ELIJAH IVERSON,
Petitioner
v.
WARDEN SAGE,
Respondent

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CIVIL ACTION NO. 1:24-CV-1594
(Judge Neary)

MEMORANDUM
This is a habeas corpus case filed under 28 U.S.C. § 2241. Petitioner, Elijah
Iverson, argues that the United States Bureau of Prisons (“BOP”) has improperly
deemed him ineligible for time credits under the First Step Act (“FSA”). The
petition will be denied.
I.

Factual Background & Procedural History
Iverson is serving a 180-month sentence of imprisonment imposed by the

United States District Court for the Western District of New York for possession of
cocaine with intent to distribute in violation of 21 U.S.C. § 841(b)(1)(B), possession
of marijuana with intent to distribute in violation of 21 U.S.C. § 841(b)(1)(D),
maintaining a drug-involved premise in violation of 21 U.S.C. § 856, possession of a
firearm and ammunition by a prohibited person in violation of 18 U.S.C. §§ 922(g)
and 18 U.S.C. § 924(a), and possession of a firearm in furtherance of a drug
trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A)(i). (Doc. 5-2 at 1). He is
currently housed in the Lewisburg Federal Prison Camp (“FPC-Lewisburg”) in
Lewisburg, Pennsylvania.

Iverson filed his petition for writ of habeas corpus on September 16, 2024,
and it was received and docketed on September 20, 2024. (Doc. 1). Iverson asserts
that the BOP has improperly deemed him ineligible for time credits under the FSA
and seeks a writ of habeas corpus compelling the BOP to deem him eligible for time
credits and apply such credits to his sentence. (Id.) The case was initially assigned
to United States District Judge Christopher C. Conner. Respondent responded to
the petition on October 17, 2024, arguing that the petition fails on its merits because
Iverson is statutorily ineligible for time credits under the FSA. (Doc. 5). Iverson filed
a reply brief on November 1, 2024, making the petition ripe for review. (Doc. 6). The
case was reassigned to the undersigned on January 21, 2025, following Judge
Conner’s retirement.
II.

Discussion
The FSA allows eligible inmates who successfully complete “evidence-based

recidivism reduction programs” (“EBRRs”) or productive activities (“PAs”) to
receive earned time credits to be applied toward time in pre-release custody or
supervised release. 18 U.S.C. § 3632(d)(4)(A). An inmate may earn ten days of credit
for every thirty days of successful participation. Id. Eligible inmates who have been
assessed at a minimum or low risk of recidivism who do not increase their risk of
recidivism over two consecutive assessments may earn an additional five days of
credit for every thirty days of successful participation. Id.
Inmates who have been convicted of certain enumerated offense are
ineligible to receive credits under the FSA. See 18 U.S.C. § 3632(d)(4)(D). Among
other offenses, if a petitioner has been convicted of “unlawful possession or use of a
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firearm during and in relation to any crime of violence or drug trafficking crime” in
violation of 18 U.S.C. § 924(c), he is ineligible to receive time credits under the FSA.
18 U.S.C. § 3632(d)(4)(D)(xxii).
Iverson is currently serving consecutive sentences for possession of a firearm
in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c) and
several other crimes. (See Doc. 5-2 at 1). Based on his Section 924(c) conviction, the
BOP has deemed him ineligible for time credits under the FSA. Iverson contends
that this is improper because his Section 924(c) is being served consecutively with
his other sentences, and thus he should only be deemed ineligible to receive FSA
time credits for the number of months for which he is serving a sentence for his
Section 924(c) conviction. (Doc. 1). Respondent argues the BOP has properly
deemed Iverson ineligible for FSA time credits because 18 U.S.C. § 3584(c) and case
law in this district require consecutive sentences to be treated as a single aggregate
term of imprisonment for purposes of the FSA. (Doc. 5 at 4-5). Iverson contends in
reply that Section 3584 conflicts with Section 3632 and that there is no basis to
conclude that Section 3584 controls Section 3632. (Doc. 6).
Respondent’s reading is correct. Under Section 3584, “Multiple terms of
imprisonment ordered to run consecutively or concurrently shall be treated for
administrative purposes as a single, aggregate term of imprisonment.” 18 U.S.C. §
3584(c). This language does not conflict with Section 3632(d)(4)(D), which provides
that a prisoner “is ineligible to receive time credits under [the FSA] if the prisoner
is serving a sentence for a conviction under any” of the crimes enumerated in the
section. 18 U.S.C. § 3632(d)(4)(D). The two statutes can be applied without nullifying
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the language of either: an inmate who is serving consecutive sentences for an
offense enumerated in Section 3632(d)(4)(D) and other unenumerated offenses is
“serving a sentence” for the enumerated offense, see 18 U.S.C. § 3632(d)(4)(D), and
his consecutive sentences should be treated as a “single, aggregate term of
imprisonment,” see 18 U.S.C. § 3584(c).
Case law from this district and the United States Court of Appeals for the
Third Circuit supports this conclusion. See, e.g., Teed v. Warden Allenwood FCI
Low, No. 23-1181, 2023 WL 4556726, at *1-2 (3d Cir. July 17, 2023) (nonprecedential)
(holding that consecutive sentences should be aggregated and treated as single
sentence for purposes of determining FSA eligibility); see also Ulloa v. Cruz, No.
1:23-CV-776, 2024 WL 1117092, at *2-3 (M.D. Pa. Mar. 14, 2024) (reaching same
conclusion and collecting cases); Hamrick v. Warden of FCI-Allenwood Low, No.
4:23-CV-657, 2023 WL 7413330, at *4 & n.44 (M.D. Pa. Nov. 9, 2023) (same);
Goodman v. Sage, No. 4:22-CV-981, 2022 WL 18028148, at *3 & n.25 (M.D. Pa. Dec.
30, 2022) (same). The habeas petition will accordingly be denied because the BOP
has correctly deemed Iverson ineligible for FSA credits.
III.

Conclusion
The petition for writ of habeas corpus is denied. An appropriate order shall

issue.
/S/ KELI M. NEARY
Keli M. Neary
United States District Judge
Middle District of Pennsylvania
Dated:

March 6, 2025
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