Hill v. King

Background

In 2019, Antwain Euron Hill received a 132-month prison sentence for conspiracy to possess with intent to distribute 50 or more grams of methamphetamine. In 2021, while serving that sentence, he was convicted of possessing contraband and received a consecutive two-month sentence.

The First Step Act allows eligible prisoners to earn time credits through certain programs and activities. Those credits may reduce the time a prisoner spends in prison by applying them toward prerelease custody or supervised release. The contraband conviction was a disqualifying offense, meaning Mr. Hill could not earn additional First Step Act credits after that conviction. Before the conviction, he had earned 405 days of credits.

Mr. Hill filed this habeas petition, which is a request for a court order addressing unlawful custody, to challenge the Bureau of Prisons’ position that he could neither use the 405 credits he had already earned nor earn additional credits because his sentences had been combined into one term that included a disqualifying offense.

Prior Proceedings

A magistrate judge first recommended granting the petition. The district court did not adopt that recommendation after the Eighth Circuit issued its decision in a separate case involving aggregated sentences and disqualifying offenses. The district court concluded that the Eighth Circuit decision prevented Mr. Hill from earning additional credits during the remaining portion of his combined sentence, but sent the matter back to the magistrate judge to address whether the Bureau of Prisons could revoke credits earned before the disqualifying conviction.

The magistrate judge later recommended that the petition be granted in part and denied in part. The respondent objected, and Mr. Hill filed a response.

Court’s Analysis

After reviewing the disputed portions of the recommendation from the magistrate judge independently, Judge Menendez agreed that the plain meaning of 18 U.S.C. § 3632(d)(4) allows a prisoner to apply First Step Act credits earned before becoming ineligible. The court found that the Eighth Circuit’s earlier decision did not resolve whether credits earned before a disqualifying conviction could be used. That decision addressed eligibility to earn credits after the disqualifying convictions and did not involve credits earned beforehand.

The court rejected the respondent’s argument that the statute’s use of the words “earn” and “receive” required a different result. The court also rejected the argument that using the credits improperly separated the combined sentences. The court explained that the sentences remained combined for administrative purposes, while the ruling recognized that Mr. Hill was eligible to earn credits during the earlier part of the combined sentence.

The court further held that applying the previously earned credits did not require revoking them. It relied on the statutory direction that earned credits must be applied toward prerelease custody or supervised release and found that revocation would add a condition not contained in the statute.

Disposition

The court accepted the magistrate judge’s Report and Recommendation. It granted in part and denied in part Mr. Hill’s habeas petition. The petition was denied to the extent it challenged the Bureau of Prisons’ determination that he was ineligible to earn First Step Act credits after December 10, 2021. The respondent was ordered to apply Mr. Hill’s 405 days of earned credits under applicable statutory provisions that are consistent with the order. The court directed that judgment be entered.