David Monserrate v. Warden, LSCI-Allenwood

| IN THE UNITED STATES DISTRICT COURT | FOR THE MIDDLE DISTRICT OF PENNSYLVANIA | DAVID MONSERRATE, : No. 3:26cv331 | Petitioner (Judge Munley) | WARDEN, LSCI-ALLENWOOD, : | Respondent MEMORANDUM Petitioner David Monserrate (“Monserrate’”) filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). Monserrate alleges | that the Federal Bureau of Prisons (“BOP”) improperly denied him earned time credits pursuant to the First Step Act (“FSA”). (Id.). The petition is ripe for | disposition and, for the reasons set forth below, the court will deny the habeas petition. [. Background A. Monserrate’s Criminal History Monserrate is serving a 170-month sentence for his conviction of conspiracy to possess with intent to distribute one kilogram or more of heroin, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A) and § 846, imposed by the United States District Court for the District of Connecticut, concurrent to a 60-month | sentence for his conviction of conspiracy to distribute and possess with intent to distribute heroin in violation of 21 U.S.C. § 841(b)(1)(B) and § 846, imposed by the United States District Court for the Southern District Court of New York. | (Doc. 8-2, Declaration of BOP Attorney Joshua M. Bower (“Bower Decl.”), at 2 J 3; Doc. 8-3, Public Information Inmate Data). Monserrate is also serving a consecutive one-month sentence for his conviction of possession of a prohibited object by an inmate in violation of 18 U.S.C. § 1791(a)(2), (d)(1)(F), imposed by | the United States District Court for the Middle District of Pennsylvania. (ld.).

According to documentation submitted by respondent, Monserrate’s current projected release date is June 26, 2028. (Doc. 8-3). | B. The First Step Act The FSA allows eligible inmates who successfully complete evidence- based recidivism reduction programs or productive activities to receive time | credits to be applied toward time in prerelease custody or supervised release. 18 U.S.C. § 3632(d)(4)(A), (C). An inmate can earn 10 days of credit for |every 30 days of successful participation. See id. § 3632(d)(4)(A)(i).

Furthermore, eligible inmates assessed at a minimum or low risk of recidivism | who do not increase their risk of recidivism over two consecutive assessments may earn five additional days of time credit for every 30 days of successful | | participation, for a total of 15 days’ time credit per 30 days’ successful | participation. See id. § 3632(d)(4)(A)(ii). | The FSA contains multiple eligibility requirements, including an extensive | list of convictions that render a prisoner ineligible to earn time credits. See id. § 3632(d)(4)(D). If time credits under the FSA are properly earned by an eligible | inmate, application of those time credits to a prisoner’s sentence is governed by | 18 U.S.C. § 3624(g). Among other requirements, to be eligible for application of earned time credits, a prisoner must: (1) have earned time credits “in an amount | that is equal to the remainder of the prisoner's imposed term of imprisonment”: | (2) demonstrate through periodic risk assessments a recidivism risk reduction or | maintain a “minimum or low recidivism risk” during the term of imprisonment; (3) | have had the remainder of his term of imprisonment computed; and, (4) as | pertains to prerelease custody, have been determined under the System to be a | minimum or low risk to recidivate pursuant to the last two reassessments of the | prisoner or have had a petition to be transferred to prerelease custody approved | by the warden of the prison. See id. § 3624(g)(1); see also 28 C.F.R. § | 523.44(b), (c). | ll. Discussion | Respondent argues that Monserrate’s habeas petition must be denied as | the BOP properly determined that he is statutorily ineligible for application of FSA time credits because he has been convicted of, and is serving a sentence for, a | disqualifying offense listed in 18 U.S.C. § 3632(d)(4)(D). (Doc. 8). Specifically, Monserrate was convicted and sentenced for possession of a prohibited object | by an inmate in violation of Section 1791. See 18 U.S.C. § 3632(d)(4)(D)(xxix).

Section 3632(d)(4)(D) of Title 18 of the United States Code provides an extensive list of offenses that render a prisoner “ineligible to receive [FSA] time | credits... the prisoner is serving a sentence for a conviction” for any of the enumerated offenses. One such disqualifying offense is “Section 1791, relating to providing or possessing contraband in prison.” 18 U.S.C. § | 3632(d)(4)(D)(xxix). Thus, under the plain language of the FSA, Monserrate’s | Section 1791 conviction and sentence render him ineligible to receive FSA time | credits. This conclusion is bolstered by the relevant regulations, which plainly state that “[i]f the inmate is serving a term of imprisonment for an offense specified in 18 U.S.C. § 3632(d)(4)(D), the inmate is not eligible to earn FSA Time Credits.” 28 C.F.R. § 523.41(d)(2). | Here, Monserrate’s one-month prison contraband sentence (a disqualifying | offense) was ordered to run consecutively to his 170-month drug sentence | (which is not a disqualifying offense). However, this does not alter his FSA ineligibility. A significant number of courts have held that when a prisoner is convicted and sentenced for disqualifying and non-disqualifying offenses, those sentences—regardless of whether they are ordered to run concurrently or | consecutively—are properly aggregated and treated as a single sentence that is ineligible for application of FSA time credits. See Giovinco v. Pullen, 118 F.4th | 527, 531 (2d Cir. 2024); Colotti v. Peters, No. 25-1191, 2025 WL 1321386, at *2 | (3d Cir. May 7, 2025): Oiler v. LeMaster, No. 24-5033, 2025 WL 1864875, at *1 (6th Cir. Jan. 10, 2025); Clinkenbeard v. Murdock, No. 24-3127, 2025 WL 926451, at *1 (8th Cir. Mar. 27, 2025) (per curiam): Teed v. Warden FCI Allenwood, No. 23-1181, 2023 WL 4556726, at *1-2 (3d Cir. July 13, 2023).

Pursuant to the plain language of 18 U.S.C. § 3584(c), “[m]ultiple terms of imprisonment ordered to run consecutively or concurrently shall be treated for | administrative purposes as a single, aggregate term of imprisonment.” 18 U.S.C. § 3584(c); see, e.g., Teed, 2023 WL 4556726, at *2 (quoting Section 3584(c)). | Because Monserrate is serving the Section 1791 sentence as part of his | single, aggregate term of imprisonment,” 18 U.S.C. § 3584(c), he is statutorily ineligible to receive FSA time credits. See 18 U.S.C. § 3632(d)(4)(D)(xxix); Giovinco, 118 F.4th at 529 (“the BOP must aggregate a prisoner’s sentence pursuant to § 3584(c) for the purpose of determining his eligibility for FSA time credits” and a single disqualifying conviction renders the prisoner “ineligible to earn FSA time credits for his entire aggregated term of imprisonment’); Teed, | 2023 WL 4556726, at *2. Consequently, Monserrate’s Section 2241 petition | must be denied. | lll. Conclusion Consistent with the foregoing, the court will deny the petition for writ of | habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). An appropriate order | shall issue. | BY THE COURT: | fe | JUDGE JULIA K. | United States District Court Dated: march Ao, 2026