Julio Saldana v. Warden

Summary

The United States District Court for the Middle District of Pennsylvania dismisses Julio Saldana’s 28 U.S.C. § 2241 petition challenging the Bureau of Prisons’ refusal to apply First Step Act earned time credits. The court concludes that Saldana’s conviction for possessing fentanyl with intent to distribute is expressly disqualifying under 18 U.S.C. § 3632(d)(4)(D), regardless of whether the offense is classified as a crime of violence. The petition is dismissed with prejudice under habeas Rule 4.

Holdings

1. Venue was proper in the Middle District of Pennsylvania because Saldana was confined at FCI-Schuylkill, which is located in that district.
2. Saldana's conviction under 21 U.S.C. § 841(b)(1)(B)(vi) independently disqualified him from accruing First Step Act earned time credits, regardless of whether the conviction qualified as a crime of violence.
3. The petition was subject to dismissal with prejudice under Rule 4 because the face of the petition demonstrated that Saldana was not entitled to relief.

Questions Presented

1. Whether the district court was the proper venue for Saldana's § 2241 petition because he was confined within the district.
2. Whether Saldana's conviction under 21 U.S.C. § 841(b)(1)(B)(vi) independently disqualified him from accruing First Step Act earned time credits, regardless of whether the offense qualified as a crime of violence.
3. Whether the petition should be dismissed under Habeas Corpus Rule 4.

Disposition

dismissed