Brewer v. Harrison
Filing
10
ORDER DENYING 9 PETITIONER'S MOTION FOR RECONSIDERATION. Signed by Chief Judge Sheryl H. Lipman on 1/29/2025. (shl)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
CHEROSCO BREWER,
Petitioner,
v.
WARDEN HARRISON,
Respondent.
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No. 2:24-cv-2305-SHL-atc
ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION
Before the Court is Petitioner Cherosco Brewer’s motion for the Court to reconsider its
order dated November 21, 2024. (ECF No. 9.) Warden Harrison has not responded. Because
the authority that Brewer cites does not affect the Court’s decision, his motion is DENIED.
Brewer requested clarification as to whether he is eligible for time credits under the First
Step Act. (ECF No. 5.) The Bureau of Prisons repeatedly refused to grant him any credits
because he is serving part of his sentence for a conviction under 28 U.S.C. § 924(c), and a
prisoner serving a sentence for a conviction under § 924(c) cannot receive time credits under the
FSA. § 3632(d)(4)(D)(xxii). This exclusion applies even when the prisoner is serving an
additional sentence for a conviction that would not disqualify him. Keeling v. Lemaster, No. 226126, 2023 WL 9061914, at *1 (6th Cir. Nov. 22, 2023). Multiple terms of imprisonment,
whether served consecutively or concurrently, are treated “as a single, aggregate term of
imprisonment.” 18 U.S.C. § 3584(c). Relying on Keeling and § 3584(c), the Court agreed with
the BOP and confirmed that Brewer’s conviction under § 924(c) makes him ineligible for credits
for his entire 240-month term of imprisonment, even though his sentence under § 924(c) is only
comprised of sixty months. (ECF No. 8 at PageID 38–39.)
Brewer now asks the Court to reconsider its decision. Brewer asserts that the Court
erroneously relied on Keeling because it was decided before the Supreme Court overturned
Chevron deference in Loper Bright Enterprises v. Raimondo, 603 U.S. 369, 412–13 (2024).
(ECF No. 9 at PageID 40.) But neither the Keeling court nor this Court deferred to the BOP’s
interpretation of a statute under Chevron. The statute itself says that “[m]ultiple 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), and that language
serves as the basis for the decision in Keeling, 2023 WL 9061914, at *1. Loper Bright has no
effect here. Thus, Brewer’s motion is DENIED.
Brewer also reminds the Court of his original petition for a writ of habeas corpus under
28 U.S.C. § 2241, in which he asserted various violations of his Eight Amendment rights at FCIMemphis. (ECF No. 9 at PageID 42.) He states that “mold is everywhere,” he has no heat in his
cell, and “it is literally freezing outside.” (Id.) The Court is evaluating Brewer’s petition and
appreciates his patience.
IT IS SO ORDERED, this 29th day of January, 2025.
s/ Sheryl H. Lipman
SHERYL H. LIPMAN
CHIEF UNITED STATES DISTRICT JUDGE
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