Gonzalez v. Eischen
- Laura Provinzino
- 0:24-cv-03740
- U.S. District Court · District of Minnesota
- 2
In Gonzalez v. Eischen, Judge Provinzino dismissed without prejudice Gonzalez’s petition seeking federal prison time credits because his fentanyl offense is excluded.
Christopher Gonzalez, whose challenge to the denial of First Step Act time credits was dismissed without prejudice. The ruling concerns the statutory exclusion of prisoners convicted under 21 U.S.C. § 841(b)(1)(B)(vi) from receiving those credits.
What happened
Gonzalez v. Eischen concerned Christopher Gonzalez’s claim that the Federal Bureau of Prisons wrongly denied him time credits under the First Step Act of 2018.
The court determined that Gonzalez’s conviction for possessing at least 40 grams of fentanyl under the Controlled Substances Act falls within an offense category excluded from receiving those credits. No party objected to the magistrate judge’s recommendation to dismiss the petition.
Judge Laura M. Provinzino found no clear error, adopted the recommendation in full, and ordered the complaint dismissed without prejudice.
The detailed version
- Gonzalez v. Eischen · No. 0:24-cv-03740
- Laura M. Provinzino
- Nov. 25, 2024
Background
Christopher Gonzalez petitioned for a writ of habeas corpus, a court petition challenging the legality of a person’s custody or sentence. He argued that the Federal Bureau of Prisons wrongly failed to award him time credits under the First Step Act of 2018. Those credits can, in some circumstances, be used to shorten a prisoner’s sentence.
The case was before the court on an October 17, 2024, report and recommendation by United States Magistrate Judge Leo I. Brisbois. The report recommended dismissing Gonzalez’s petition. No party timely objected, so the district court reviewed the recommendation for clear error, meaning an obvious mistake.
Court’s Analysis
The First Step Act excludes prisoners convicted of certain offenses from receiving its time credits. Gonzalez pleaded guilty to and was sentenced for violating 21 U.S.C. § 841(b)(1)(B)(vi), involving 40 grams or more of a substance containing fentanyl. The court held that people convicted under that provision are unambiguously excluded from receiving First Step Act time credits under 18 U.S.C. § 3632(d)(4)(D)(lxvi).
Ruling
The court found no clear error in the report and recommendation and adopted it in full. The order dismissed the complaint without prejudice and directed that judgment be entered. The opinion does not state any additional conditions for refiling.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.