Alloway v. Segal

Background

Pamela M. Alloway filed a petition for a writ of habeas corpus challenging the denial of earned time credits. She represented herself. United States Magistrate Judge Dulce J. Foster issued a Report and Recommendation recommending dismissal of the petition. Alloway objected to that recommendation.

Court’s analysis

The district court reviewed the parts of the recommendation to which Alloway specifically objected from the beginning. It reviewed unchallenged portions for clear error, meaning an obvious mistake. Because Alloway represented herself, the court read her objections liberally.

Alloway argued that it was unclear whether she had been sentenced under Count 2 of the original indictment or Count 2 of the superseding indictment. She asserted that, if the original indictment applied, the offense was eligible under the First Step Act. The court rejected that argument, explaining that a superseding indictment replaces the original indictment. It therefore concluded that Alloway was sentenced under Count 2 of the superseding indictment, involving 18 U.S.C. § 924(c), and that this made her ineligible for earned time credits.

The court also ruled that Alloway had waived this argument because she raised it for the first time in her objection rather than in her original petition. Her remaining objections repeated arguments presented in the petition. After reviewing the recommendation and applicable law, the court found no clear error in the magistrate judge’s analysis.

Disposition

The court overruled Alloway’s objection, accepted the Report and Recommendation in its entirety, denied the petition for a writ of habeas corpus, and dismissed the action. Judge Jerry W. Blackwell directed that judgment be entered accordingly.