United States District Court, D. Connecticut
RULING ON DEFENDANT'S PETITION FOR RELIEF
PURSUANT TO FIRST STEP ACT
JANET
BOND ARTERTON, JUDGE
Defendant
Richard Daniels petitions for modification of his sentence
under the First Step Act, (Def.'s Pet. [Doc. # 871]),
which the Government opposes, (Govt. Resp. [Doc. # 872]). For
the reasons that follow, Defendant's petition is denied
without prejudice.
I.
Background
On
August 29, 2012, Defendant Richard Daniels was convicted by
jury of Counts One and Two of the Third Superseding
Indictment, which charged him with conspiracy to distribute
and to possess with intent to distribute narcotics, in
violation of 21 U.S.C. § 846, and conspiracy to maintain
a drug-involved premises within 1000 feet of a school and a
housing facility, in violation of 21 U.S.C. §§ 846
and 860. (Jury Verdict [Doc. # 544]; Third Superseding
Indictment [Doc. # 349].)
Defendant
was initially sentenced to be imprisoned for 228 months on
both counts, running concurrently, and to 120 months of
supervised release on both counts, running concurrently.
(Judgment [Doc. # 727].) Mr. Daniels moved to vacate his
sentence pursuant to 28 U.S.C. § 2255, claiming
ineffective assistance of counsel by his trial attorney.
(Mot. to Vacate Sentence, Daniels v. United States of
America, No. 3:15cvl551(JBA) (D. Conn. Oct. 26, 2015).) Mr.
Daniels and the Government reached an agreement to resolve
that proceeding which recognized that the "judgment and
sentence in this case is open to collateral attack"
because there was "an insufficient record to establish
that the ramifications of rejecting a plea agreement and
proceeding to trial were fully explained to and/or understood
by Daniels." (Stip. for Re-Sentencing [Doc. # 844] at
2.) The parties agreed that the Court should vacate the
judgment in this case and resentence Mr. Daniels, that at
re-sentencing the applicable guidelines range should be 120
to 135 months' imprisonment, and that Mr. Daniels would
be subject to a statutory mandatory minimum sentence often
years' imprisonment. (Id. at 4-5.) On June 24,
2016, Mr. Daniels was re-sentenced to 120 months'
imprisonment on both counts, running concurrently, and to 60
months of supervised release on Count One and 120 months of
supervised release on Count Two, running concurrently.
(Amended Judgment [Doc. # 847-1].)
The
First Step Act of 2018 amends 18 U.S.C. § 3624(b) to
alter the method by which the Bureau of Prisons (BOP) must
calculate a prisoner's "good conduct time
credits." (Govt. Resp. at 1.) Prior to the First Step
Act, calculation of good time credit by the BOP was based on
the sentence an inmate actually serves, making 47 days per
year the maximum amount of good time credit a prisoner could
earn. (Id. at 1-2; Def. Pet. at 2-3.) Pursuant lo
the First Step Act, good time credit will be calculated based
on the sentence imposed, not on the sentence an inmate
actually serves, making 54 days per year the maximum amount
of good time credit a prisoner could earn. FIRST STEP ACT OF
2018, PL 115-391, December 21, 2018, 132 Stat 5194. (See
also Govt. Resp. at 1-2; Def. Pet. at 2-3.)
Mr.
Daniels argues that this amendment by the First Step Act to
the method of calculating good time became effective
immediately upon signature by the President and therefore
requires recalculation of his good time credit earned. (Def.
Pet. at 2.) The Government argues that this portion of the
First Step Act is not yet in effect and therefore does not
impact the current calculation of Mr. Daniels' good time
credit. (Govt. Resp. at 1-2.)
Based
on the method of calculation of good time credit in place
prior to the First Step Act, Mr. Daniels' projected
release date is currently September 21, 2019. (Def.'s
Pet. at 1; Federal Bureau of Prisons, Find an
inmate., https://www.bop.gov/inmateloc/.) Mr. Daniels
believes that if the new method of calculation of good time
credit is used, his projected release date is July 12, 2019
and his "Home Confinement Date" is February 2019.
(Id.)
II.
Discussion
Section
101(a) of the First Step Act amends 18 U.S.C. § 229 to
direct the Attorney General to review and develop prisoner
risk and needs assessment systems and programs. FIRST STEP
ACT OF 2018, PL 115-391, December 21, 2018, 132 Stat 5194. It
then directs the Attorney General to "develop and
release publicly on the Department of Justice website a risk
and needs assessment system" "[n]ot later than 210
days after the enactment of this subchapter."
Id.
Section
102(b)(1)(A) amends 18 U.S.C. § 3624 in the following
way:
in subsection (b)(1)-
(i) by striking ", beyond the time served, of up to 54
days at the end of each year of the prisoner's term of
imprisonment, beginning at the end of the first year of the
term," and inserting "of up to 54 days for each
year of the prisoner's sentence imposed by the court,
"; and
(ii) by striking "credit for the last year or portion of
a year of the term of imprisonment shall be prorated and
credited within the last six weeks of the sentence" and
inserting "credit for the last year of a term of
imprisonment shall be credited on the first day of the ...