Summary
The United States District Court for the District of Minnesota overruled Darrell Plain’s objections to a magistrate judge’s Report and Recommendation and dismissed his habeas petition without prejudice. The court held that, despite the absence of an express statutory citation in the indictment, plea agreement, and judgment, the documents established that Plain was serving a sentence for violating 21 U.S.C. § 841(b)(1)(B)(vi), making him ineligible for First Step Act earned time credits.
Topics
Practice areas
Questions Presented
- Whether Plain was serving a sentence for a violation of 21 U.S.C. § 841(b)(1)(B)(vi) despite the indictment, plea agreement, and sentencing judgment not expressly citing that subsection.
- Whether Plain was therefore ineligible to earn First Step Act earned time credits under 18 U.S.C. § 3632(d)(4)(D)(lxvi).
Holdings
- Plain was convicted of and sentenced for a violation of 21 U.S.C. § 841(b)(1)(B)(vi), even though the indictment, plea agreement, and sentencing judgment cited § 841(a)(1) rather than expressly citing § 841(b)(1)(B)(vi).
- Plain was ineligible to earn First Step Act earned time credits because he was serving a sentence for a conviction under 21 U.S.C. § 841(b)(1)(B)(vi), an offense excluded by 18 U.S.C. § 3632(d)(4)(D)(lxvi).
Key quotations
“these three documents make crystal clear that Plain was indeed convicted of and sentenced for a violation of 21 U.S.C. § 841(b)(1)(B)(vi).”
“Plain is therefore ineligible to earn FTCs under the FSA.”
Factual background
Plain pleaded guilty in the Northern District of Illinois to distributing 40 grams or more of fentanyl, and he was sentenced to five years' imprisonment. His indictment, plea agreement, and sentencing judgment cited 21 U.S.C. § 841(a)(1) but did not expressly cite § 841(b)(1)(B)(vi). The Bureau of Prisons determined that he was ineligible for First Step Act earned time credits because § 3632(d)(4)(D)(lxvi) excludes prisoners serving sentences for violations of § 841(b)(1)(B)(vi).
Procedural history
Plain was convicted and sentenced in the Northern District of Illinois after pleading guilty to distributing 40 grams or more of fentanyl. While incarcerated in Minnesota, he filed a habeas petition arguing that he was eligible for First Step Act earned time credits because the charging and sentencing documents cited 21 U.S.C. § 841(a)(1), rather than § 841(b)(1)(B)(vi). Magistrate Judge David T. Schultz recommended dismissal. The district court overruled Plain's objections, adopted the report and recommendation, and dismissed the petition without prejudice.