Pesina v. Segal

Background

Monica Pesina filed a petition seeking habeas relief from the Bureau of Prisons’ calculation of her earned-time credits under the First Step Act of 2018. The opinion states that Pesina was imprisoned at the Federal Correctional Institution in Waseca, Minnesota, serving a 151-month sentence after two drug-related convictions.

The First Step Act provides that prisoners who successfully participate in qualifying recidivism-reduction programming or productive activities earn 10 or 15 days of time credits for every 30 days of participation. Pesina claimed that she had earned 2,940 credits. Her calculation included the assumption that prisoners receive credits for each class they take. The court also noted that Pesina appeared to assume that being on a class waiting list made her eligible for credits, but it did not address that issue further.

Court’s Analysis

The court held that prisoners are entitled to credits for each month of qualifying programming participation, not for each course completed. It concluded that Pesina’s calculation relied on that fundamental error and that nothing in her petition required a different interpretation.

The court added that even if the Bureau of Prisons’ interpretation of the statute were not the only possible interpretation, it was reasonable and therefore entitled to judicial deference. The court concluded that Pesina was not entitled to habeas relief.

Disposition

The court denied the petition for a writ of habeas corpus and dismissed the matter. The order directed that judgment be entered accordingly. The opinion was signed by United States District Court Judge Paul A. Magnuson.