Armando Duarte Herrera v. Warden Unknown Childress

Summary

The United States District Court for the Southern District of Mississippi denied Armando Duarte Herrera’s 28 U.S.C. § 2241 habeas petition challenging the Bureau of Prisons’ denial of First Step Act time credits. The court adopted the magistrate judge’s Report and Recommendation, concluding that Herrera was ineligible for the credits because an immigration judge had entered a final order of removal against him.

Holdings

1. A prisoner subject to a final order of removal is ineligible to apply First Step Act time credits toward his sentence under 18 U.S.C. § 3632(d)(4)(E).
2. When no timely objection is filed, the district court may accept a magistrate judge's recommendation after satisfying itself that there is no clear error on the face of the record.

Questions Presented

1. Whether a prisoner subject to a final order of removal is eligible to apply First Step Act time credits toward his sentence.
2. Whether the district court should adopt the magistrate judge's Report and Recommendation when the petitioner filed no timely objection and the record showed no clear error.

Disposition

denied