USCA4 Appeal: 24-6177 Doc: 10 Filed: 12/05/2025 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6177

TIMOTHY TOROK,

Petitioner - Appellant,

v.

WARDEN CRYSTAL CARTER,

Respondent - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Lydia Kay Griggsby, District Judge. (1:23-cv-02598-LKG)

Submitted: November 24, 2025 Decided: December 5, 2025

Before GREGORY and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Timothy Torok, Appellant Pro Se. Megan Lynn Micco, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6177 Doc: 10 Filed: 12/05/2025 Pg: 2 of 3

PER CURIAM:

Timothy Torok, a federal prisoner, appeals the district court’s order dismissing his

petition, in which he challenged the execution of his sentence. In his

petition, Torok contended that the Bureau of Prisons wrongfully refused to apply earned

time credits under the First Step Act of 2018 (“FSA”) to his sentence because he is

designated as having an elevated risk of recidivism. He claimed that

(d)(4), which governs the amount of time credits an inmate may earn under the FSA,

does not restrict the application of earned time credits to an inmate’s sentence based on his

recidivism risk level. Torok thus argued that the Bureau of Prisons exceeded its authority

by not applying FSA time credits to his sentence.

Under § 3632(d)(4), an inmate can earn time credits for participation in recidivism

reduction programming, and such credits are applicable toward time in prerelease custody

or supervised release, if the inmate is eligible under

(g).

(d)(4)(A), (C). Under § 3624(g), time credits toward prerelease custody or

supervised release can only be applied to inmates who have been designated as minimum

or low risk to recidivate for the previous two risk assessments.

(g)(1)(D).

Torok does not dispute that he has been designated either high or medium risk for

recidivating throughout his incarceration. Because Torok’s recidivism risk level renders

him ineligible under § 3624(g), the Bureau of Prisons is statutorily authorized to deny the

application of Torok’s earned time credits to his sentence until he brings his recidivism risk

level down to minimum or low.

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Accordingly, we affirm the district court’s order. Torok v. Carter, No. 1:23-cv-

02598-LKG (D. Md. Jan. 29, 2024). We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials before this court and

argument would not aid the decisional process.

AFFIRMED

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