I. Introduction

            As a seasoned legal writer with over two decades of experience, I have witnessed countless stories of triumph and perseverance in the face of legal challenges. Today, I am thrilled to share an extraordinary success story that highlights the power of the legal system when it is used to correct injustice. This remarkable tale revolves around an individual who, like many others, was wrongfully denied relief under the First Step Act of 2018, specifically under 18 U.S.C. § 3632(4)(D).

            Our esteemed client, [we are withholding his real name since he wants privacy and to spend time with his family], we will call him Jim, (but assume he could be your Father, Mother, Son or Daughter), was ordered immediately released from the clutches of the Federal Bureau of Prisons (BOP) after it was determined that the BOP had incorrectly deemed him ineligible for time credits under 18 U.S.C. § 3632(4)(D).  

           The story is simple, but common.  Someone at the BOP, [there is one in every jail, you know, the person no one knows, who determines you are not eligible for release, because a document (in this case a Presentence Investigation Report “PSI”)] was not updated from the sentencing day and it appeared at the time that Jim was enhanced as a leader organizer, which precluded his chances of early release under 18 U.S.C. § 3632(4)(D)(lxv). Although Jim's BOP Case Manager confirmed the error with the Probation Officer, Jim was not released and was forced to start exhausting his prison administrative remedies. That's where our expertise came into play.

II. Background

            Jim was arrested and charged with possession of narcotics.  A typical arrest for the federal system.   He plead guilty and was sentenced and left to the BOP to serve his sentence.  As luck would have it, 18 U.S.C. § 3632(4)(D) was modified to allow extra jail credit of certain inmates sentences.  Jim immediately applied. Why not, everyone should apply if eligible.  An early release opportunity turned into the beginning of his release nightmares.  The BOP said, “sure, yeah you qualify, had you not been enhanced as a 'leader/organizer' at sentencing."  How could this be true since the BOP's Case Manager assigned to Jim's case, clarified this was not the case.

          You see, Jim was convicted under Title 21 U.S.C. § 841(a)(1) and (b)(1)(B) for distribution or 100 grams or more of heroin, fentanyl and cocaine. Thus, Jim was only ineligible if a "death or serious bodily injury resulted from the use of such substance [which did not apply] or if  “the sentencing court finds that the offender was an organizer, leader, manager, or supervisor of others in the offense as determined under the guidelines promulgated by the United States Sentencing Commission.”  None of those scenarios applied to Jim's case.  So Jim was eligible for a sentence reduction, but he was dealing with the BOP and nothing is easy when your dealing with the BOP.

           The BOP's Staff confirmed his eligibility details. However, due to an error in the PSI report which incorrectly labeled him as a "leader organizer" [despite the sentencing transcripts stating otherwise, and the PSI not being updated], the BOP remained unyielding. They relied on the paperwork claiming he was a "leader organizer," and would not reason, leaving no room for anyone at the BOP to advocate for Jim, even though they were aware of his eligibility.

           Correcting such a glaring mistake seemed too logical of a task for the BOP to undertake. Jim contacted us  seeking guidance, and assistance. We began the arduous task of challenging the BOP's decision. This was no simple endeavor since the BOP would employ any means to deny all requests, regardless of what is right or wrong. Their reliance solely on the paperwork, regardless of its accuracy, is evident in their actions.

            Keep this in mind: Jim is stuck in jail for longer than necessary, but the unyielding BOP Staff won't give an inch. Even though they initially denied relief, it's now clear that Jim was unjustly denied the time credits he rightfully earned. Their mistake stemmed from a misunderstanding of Jim's eligibility criteria, leading to this unfortunate mess. In the meantime, Jim remained behind bars, patiently waiting while we work our magic to set things right.

III. The Journey Through the Maze Called the “BOP's Administrative Process.”  

           Driven by unwavering determination, our dedicated Team embarked on a mission to rectify this injustice and secure Jim's rightful release. We fully understood the gravity of the situation and the critical importance of setting the record straight. No obstacle could deter us from ensuring that justice prevailed for Jim.  At first, the BP-8 and BP-9 were denied.  Those are the first two steps in the BOP's Administrative Remedy Program.  The process starts with a BP-8 being the “informal resolution” [a useless step as no one is ever granted relief] and then a BP-9 which we consider "technically" the first official step in the process. The BP-9 is where the Warden gives his position at the Institutional level.

          The BP-8 was denied based on the erroneous statement in the PSI which incorrectly labeled Jim as a "leader organizer." It seems like a simple matter, just clarify the misunderstanding by reaching out to the Probation Officer via a call, email, or letter. However, Jim's inquiries were met with an unhelpful "that's not my job attitude" causing even more frustration. Fortunately, there was a glimmer of hope when a BOP Counselor sent an email to the Probation Officer confirming that Jim was, indeed, correct all along. But despite this confirmation, Jim's release was still not granted. The BOP cited the same "leader organizer" designation in the PSI as the reason for denying his release, [knowing all along he was correct], invoking 18 U.S.C. § 3632(4)(D)(lxv). Needless to say, the frustration levels continued to rise. Even though the BOP was fully aware of the error, they remained stubborn and refused to reconsider their decision. As a result, Jim was still trapped in prison, facing the consequences of a bureaucratic error that should have been rectified. 

        As expected, when the Warden failed to respond to the BP-9, our experts immediately initiated a Freedom of Information Act request to the Federal Bureau of Prisons.  We wanted a copy of the email the Correctional Counselor sent to the Probation Office and the response.  At the same time, we also continued with the Administrative Remedy process, moving on to the next step, the BP-10 to the Regional Office. based on the Warden's lack of response.  Maybe the Warden was busy, it is a jail after all.  But regardless, busy or not, the time for a response had passed and Jim was stuck in limbo.

 IV. The Turning Point

          After an exhaustive process of meticulously gathering evidence, we successfully presented incontrovertible proof validating Jim's fulfillment of all necessary criteria to qualify for time credits under 18 U.S.C. § 3632(4)(D) There was no dramatic "got you" moment; instead, the results were straightforward and unequivocal. Once our dedicated Team prepared the next step in the Administrative Appeal process [the BP-10 to the Regional Office], the BOP swiftly reversed course, promptly ordering Jim's release.  As the old saying goes, "a picture is worth more than 1000 words."  In this case, the picture says it all, Jim will finally receive the credit he is entitled to, and was released:

Jim's Notification

           Although they kept him incarcerated one more day, he won. Jim was going home.  It was a remarkably straightforward process. Now, Jim is relishing his time at home, savoring a latte with his family, safe from the daunting clutches of the BOP. Our unwavering determination in challenging the BOP's erroneous determination left no room for doubt and ultimately led to the desired outcome. 

V. Celebrating Victory

           The victory was truly remarkable. On July 31, 2023, Jim finally regained his freedom from BOP custody, embracing a new life outside prison walls. This moment wasn't just a personal triumph; it symbolized the power of truth and the strength of our Teams when justice prevails. We fought tirelessly, leaving no doubt about Jim's eligibility for time credits under 18 U.S.C. § 3632(4)(D). Witnessing his release brought tears of joy to his family and a sense of vindication for everyone involved. This win underscores our unwavering commitment to upholding justice and standing by our clients in their pursuit of fairness.

VI. Gratitude

            We extend our heartfelt appreciation to Jim and his family for entrusting us with his Administrative Remedy representation. His resilience and unwavering trust in our Team inspired us to go above and beyond to secure the right result.

VII. The Fight Continues

            At the Federal Research Group, we are dedicated to ensuring that justice is served and that the rights of our clients are protected. Our passion for upholding the the correctness of the BOP's policies as it applies to the prison's Administrative Remedy Process and defending those in need remains unwavering. If you or someone you know is facing similar challenges, we are here to lend a helping hand.

Federal Research Group, Inc.
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