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Gonzalez v. Eischen

U.S. District Court, District of Minnesota

Gonzalez v. Eischen

Trial Court Opinion

               UNITED STATES DISTRICT COURT                             
                  DISTRICT OF MINNESOTA                                 


CHRISTOPHER GONZALEZ,               Case No. 24-cv-3740 (LMP/LIB)         

                  Petitioner,                                           

v.                                      ORDER ADOPTING                    
                                        REPORT AND                      
B. EISCHEN,                            RECOMMENDATION                     

                  Respondent.                                           

   This  matter  is  before  the  Court  on  the  October  17,  2024  Report  and 
Recommendation (“R&R”) of United States Magistrate Judge Leo I. Brisbois, see ECF 
No. 5, which recommends dismissing Petitioner Christopher Gonzalez’s (“Gonzalez”) 
petition for a writ of habeas corpus.  No party timely objected to the R&R, see Fed. R. Civ. 
P. 72(b)(2), so the Court reviews the R&R for clear error, Grinder v. Gammon,
73 F.3d 793, 795
 (8th Cir. 1996) (per curiam).                                         
   Gonzalez contends that the Federal Bureau of Prisons wrongfully failed to award 
him time credits earned under the First Step Act of 2018 (“FSA”).  ECF No. 1 at 1.  
Although the FSA provides circumstances under which time credits may be earned and 
applied  to  shorten  a  prisoner’s  sentence,  see
18 U.S.C. § 3632
(d)(4),  the  FSA 
unambiguously  excludes  prisoners  convicted  of  certain  offenses  from  receiving  time 
credits, see
18 U.S.C. § 3632
(d)(4)(D).                                   
   Here, Gonzalez pleaded guilty to, and was sentenced for, a Controlled Substances 
Act violation under
21 U.S.C. § 841
(b)(1)(B)(vi): drug offenses involving “40 grams or 
more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide,” which is more commonly known as fentanyl.  

See United States v. Gonzalez, No. 20-cr-651-2 (JJT), ECF Nos. 87, 97 (N.D. Ill. 2022).  
Individuals  convicted  of  violating
21 U.S.C. § 841
(b)(1)(B)(vi),  like  Gonzalez,  are 
unambiguously  excluded  from  receiving  time  credits  under  the  FSA.
18 U.S.C. § 3632
(d)(4)(D)(lxvi).  As such, the Court discerns no clear error in the R&R and adopts it 
in full.

ORDER

   Based upon all the files, records, and proceedings in this matter, IT IS HEREBY 
ORDERED THAT:                                                             
1.  The Report and Recommendation (ECF No. 5) is ADOPTED IN FULL.       
2.  The Complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE.           
LET JUDGMENT BE ENTERED ACCORDINGLY.                                      

Dated: November 25, 2024        s/Laura M. Provinzino                   
                                Laura M. Provinzino                     
                                United States District Judge

Trial Court Opinion

               UNITED STATES DISTRICT COURT                             
                  DISTRICT OF MINNESOTA                                 


CHRISTOPHER GONZALEZ,               Case No. 24-cv-3740 (LMP/LIB)         

                  Petitioner,                                           

v.                                      ORDER ADOPTING                    
                                        REPORT AND                      
B. EISCHEN,                            RECOMMENDATION                     

                  Respondent.                                           

   This  matter  is  before  the  Court  on  the  October  17,  2024  Report  and 
Recommendation (“R&R”) of United States Magistrate Judge Leo I. Brisbois, see ECF 
No. 5, which recommends dismissing Petitioner Christopher Gonzalez’s (“Gonzalez”) 
petition for a writ of habeas corpus.  No party timely objected to the R&R, see Fed. R. Civ. 
P. 72(b)(2), so the Court reviews the R&R for clear error, Grinder v. Gammon,
73 F.3d 793, 795
 (8th Cir. 1996) (per curiam).                                         
   Gonzalez contends that the Federal Bureau of Prisons wrongfully failed to award 
him time credits earned under the First Step Act of 2018 (“FSA”).  ECF No. 1 at 1.  
Although the FSA provides circumstances under which time credits may be earned and 
applied  to  shorten  a  prisoner’s  sentence,  see
18 U.S.C. § 3632
(d)(4),  the  FSA 
unambiguously  excludes  prisoners  convicted  of  certain  offenses  from  receiving  time 
credits, see
18 U.S.C. § 3632
(d)(4)(D).                                   
   Here, Gonzalez pleaded guilty to, and was sentenced for, a Controlled Substances 
Act violation under
21 U.S.C. § 841
(b)(1)(B)(vi): drug offenses involving “40 grams or 
more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide,” which is more commonly known as fentanyl.  

See United States v. Gonzalez, No. 20-cr-651-2 (JJT), ECF Nos. 87, 97 (N.D. Ill. 2022).  
Individuals  convicted  of  violating
21 U.S.C. § 841
(b)(1)(B)(vi),  like  Gonzalez,  are 
unambiguously  excluded  from  receiving  time  credits  under  the  FSA.
18 U.S.C. § 3632
(d)(4)(D)(lxvi).  As such, the Court discerns no clear error in the R&R and adopts it 
in full.

ORDER

   Based upon all the files, records, and proceedings in this matter, IT IS HEREBY 
ORDERED THAT:                                                             
1.  The Report and Recommendation (ECF No. 5) is ADOPTED IN FULL.       
2.  The Complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE.           
LET JUDGMENT BE ENTERED ACCORDINGLY.                                      

Dated: November 25, 2024        s/Laura M. Provinzino                   
                                Laura M. Provinzino                     
                                United States District Judge

Reference

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