UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION AT ASHLAND

CIVIL ACTION NO. 23-90-DLB

DAVID CHANNING OILER PETITIONER

VS. MEMORANDUM ORDER

WARDEN LEMASTER RESPONDENT

*** *** *** *** Federal inmate David Oiler filed a pro se Petition for a Writ of Habeas Corpus pursuant to

in which he argues that the Federal Bureau of Prisons (BOP) incorrectly determined that he is ineligible to earn First Step Act (FSA) time credits. (Doc. # 1). The United States Attorney’s Office for the Eastern District of Kentucky entered an appearance on behalf of the Respondent and filed a Response in Opposition to Oiler’s Petition. (Doc. # 6). Oiler then filed a Reply. (Doc. # 8). Thus, this matter is now ripe for a decision. The Court has fully reviewed the parties’ submissions and will deny Oiler’s request for relief. Petitioner Oiler was convicted of multiple federal crimes in the District of South Carolina, including, but not limited to, racketeering in violation of

(d), narcotics conspiracy in violation of

and 846, money laundering in violation of

(a), and possession of a firearm in furtherance of drug trafficking in violation of

(c). (See Docs. # 6 and 6-1). Oiler was sentenced to a total of 200 months imprisonment. (See id.). 1 The Court recognizes that the FSA allows a prisoner to earn time credits towards pre-release custody or supervised release if he successfully participates in evidence- based recidivism reduction programs and other productive activities. See

(d)(4). However, the FSA also provides that a prisoner is ineligible to receive such time credits if he is serving a sentence for a disqualifying offense. And that statute

specifically includes possession of a firearm in furtherance of a drug trafficking crime in violation of

(c) as one such disqualifying offense. See

at § 3632(d)(4)(D)(xxii). Given Oiler’s conviction under § 924(c), the BOP determined that he was ineligible to earn FSA time credits. (See Doc. # 6-1 at 33). Oiler does not dispute the foregoing facts. Instead, Oiler suggests that he is not yet serving time for his § 924(c) conviction. (See Docs. # 1 and 8). His argument is misplaced. Title

(c) provides that the BOP shall aggregate multiple prison sentences “for administrative purposes,” and many courts, including this one, have upheld the BOP’s decision to aggregate sentences for FSA time credit

purposes. See, e.g., Ledford v. LeMaster, No. 0:23-cv-030-DLB,

(E.D. Ky. 2023); Keeling v. LeMaster, No. 0:22-cv-096-GFVT,

(E.D. Ky. 2022). For this reason, the BOP acted within its discretion in determining that Oiler was ineligible to earn FSA credits. Accordingly, it is ORDERED as follows: (1) Oiler’s Petition for a Writ of Habeas Corpus Pursuant to

(Doc. # 1) is DENIED; (2) This action is STRICKEN from the Court’s docket; and (3) The Court will enter a corresponding Judgment. 2 This 20th day of December, 2023. Kye. Signed By: We. 9 David L. Bunning DE “Sims □□□ United States District Judge K:\DATA\ORDERS\PSO Orders\0-23-90 Oiler Memorandum.docx