SPENCER v. HUTCHINSON

Filing 25

MEMORANDUM OPINION RE 1 Petition for Writ of Habeas Corpus. Signed by Chief Magistrate Judge Richard A. Lanzillo on 3/11/2025. (dlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ERIE DIVISION

ANET AEUS SPENCER,
Petitioner
V.

WARDEN HUTCH! SON, et al,
Respondents

I.

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1:23-CV-00 115-RAL
RICHARD A. LANZILLO
Chief United States Magistrate Judge
MEMORANDUM OPINION ON
PETITIO FOR WRIT OF HABEAS
CORPUS
ECF No. 1

Introduction
Pending before the Court is the petition for a writ of habeas corpus filed by Petitioner

Anetaeus Spencer ("Petitioner") pursuant to 28 U.S.C. § 2241. ECF No. 1. In his petition, Spencer
asks the Court to order the Federal Bureau of Prisons (BOP) to reduce his sentence by applying
the earned time credits (ETC) that he has earned pursuant to the First Step Act (FSA). Id. For the
reasons set forth below, Spencer's petition will be denied. 1
II.

Factual background
Petitioner, an inmate incarcerated at FCI McKean, is currently serving a 140-month prison

sentence stemming from his conviction on drug and firearms charges. ECF

o. 13-1. Assuming

he receives all Good Conduct Time available to him under 18 U.S.C. § 3624(b), Petitioner's
projected release date is November 13, 2025. Id.

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The parties have consented to the jurisdiction of the undersigned United States Magistrate Judge to conduct all
proceedings in this case, including the entry of final judgment, as authorized by 28 U.S .C. § 636 .

Since October 7, 2019, the BOP has assessed Petitioner on at least ten occasions to
determine whether he is eligible to have his ETCs applied to his sentence. EC]: No. 13-5. On each
occasion, the BOP determined that Petitioner had a high risk of recidivism. Id. Because of his
high risk of recidivism, the BOP determined that Petitioner's credits could not be applied to his
sentence until he has earned a low or minimum recidivism risk. See ECF No. 13-4.
III .

Analysis
Under the FSA, an eligible inmate "who successfully completes evidence-based recidivism

reduction programming or productive activities" can earn " time credits" that can be "applied
toward time in prerelease custody or supervised release. " 18 U.S.C. § 3632(d)(4). The BOP uses
a " Risk and Needs Assessment System" to determine, among other things, an inmate's recidivism
risk. 18 U.S.C. § 3632; Hill v. Bradley, 2023 WL 3480886, at* 1 (M. D. Pa. May 16, 2023). The
FSA permits eligible inmates to earn ten days of time credits for every thirty days of successful
program participation and an additional five days of time credit every thirty days if the BOP
determines that the inmate is at a minimum or low risk of recidivism and has not increased his
recidivism risk over two consecutive assessments. 18 U.S .C. §§ 3632(d)(4)(A)(i) and (ii) .
Notably, however, placement in prerelease custody requires that the inmate has been
deemed "a minimum or low risk recidivate pursuant to the last 2 reassessments of the prisoner."

Id. § 3624(g)(l )(D)(i). Similarly, an inmate cannot receive an early transfer to supervised release
unless he is determined " to be a minimum or low risk recidivate pursuant to the last reassessment
of the prisoner. " Id. § 3624(g)(l)(D)(ii). As a resu lt, while an eligible inmate can accrue ETCs
despite having a high recidivism risk, those credits " cannot be applied until the inmate has earned
a low or minimum recidivism risk." Navarro v. Barraza, 2023 WL 3483235, at *3 (M.D. Pa. May
16, 2023). See also Camara v. Warden, FCI-Allenwood, 2023 WL 4867417, at *2 (M.D. Pa. July

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31, 2023) (explaining that " [t]he clear language of 18 U.S.C. § 3624(g) precludes application of
time credits until [the petitioner] has lowered his recidivism risk level" to minimum or low); Hill,
2023 WL 5352313, at *4 (same).
Here, the record reflects that the BOP has categorized Petitioner as having a high
recidivism risk level at each of his many assessments. While Petitioner may be eligible to earn
time credits, Congress has explicitly instructed that those credits cannot be applied until he has
"shown through the periodic risk reassessments a demonstrated recidivism risk reduction or has
maintained a minimum or low recidivism risk, during the prisoner's term of imprisonment." 18
U.S.C. § 3624(g)(l)(B). See also Hill, 2023 WL 5352313, at *4 ("Hill's current recidivism risk
level is high. Hill will not be eligible for application of FSA time credits until , among other
requirements, his risk level is reduced to minimum or low.") (internal citation omitted); Rossi v.

Barraza, 2023 WL 5352313, at *4 (M.D. Pa. Aug. 21, 2023) (same). Accordingly, his habeas
petition must be denied.
IV.

Conclusion
For the foregoing reasons, Petitioner's petition for a writ of habeas corpus under 28 U.S.C.

§ 2241 is denied .2 An appropriate order will follow.

DATED this 11 th day of March, 2025.

BY THE COURT:

~'fefliL~

Chief United States Magistrate Judge

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Because " [f] ederal pri soner appeals from the denial of a habeas corpus proceedi ng are not governed by the
certificate ofappealability requirement," the Court need not make a cert ificate ofappeal ab ility determination in this
matter. Williams v. McKean, 2019 WL I 118057, at *5 n. 6 (W .D. Pa. Mar. 11 , 2019) (citing United States v.
Cepero, 224 F.3d 256, 264-65 (3d Cir. 2000), abrogated on other grounds by Gonzalez v. Thaler, 565 U.S. 134
(20 12)); 28 U.S.C. § 2253(c)(l)(B).

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