Lewis v. Warden of FCI-Schuylkill
1:24-cv-01481
M.D. Penn.Apr 14, 2025Background
- Vashun Lewis, an inmate at FCI-Schuylkill, is serving a 90-month federal sentence for firearm offenses, including possession of a firearm in furtherance of a drug trafficking crime under 18 U.S.C. § 924(c).
- Lewis filed a habeas corpus petition under 28 U.S.C. § 2241 seeking three forms of relief: application of First Step Act (FSA) time credits, transfer to prerelease custody under the Second Chance Act (SCA), and placement in the BOP’s Residential Drug Abuse Program (RDAP).
- The Bureau of Prisons (BOP) opposed, arguing Lewis was ineligible for FSA credits due to his conviction, not yet eligible for prerelease custody consideration, and already placed in RDAP.
- The case was reassigned to Judge Neary after Judge Conner’s retirement.
- Lewis’s projected release date is August 5, 2026, making him ineligible for prerelease custody assessment until within 12 months of that date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to FSA time credits | Credits should apply to reduce sentence | Lewis is ineligible due to § 924(c) conviction | Denied; conviction disqualifies under FSA |
| Transfer to prerelease custody under SCA | Entitled to prerelease assessment/transfer | Not eligible until within 12 months of release | Dismissed without prejudice; not yet ripe for review |
| Placement in RDAP | Sought placement in RDAP program | Already placed in RDAP as of 9/9/2024 | Dismissed without prejudice as moot; relief already given |
| Exhaustion of administrative remedies | Not addressed substantively | Lewis failed to exhaust | Not reached; claims resolved on other grounds |
Key Cases Cited
- Woodall v. Federal Bureau of Prisons, 432 F.3d 235 (3d Cir. 2005) (discussing BOP discretion regarding inmate transfer to prerelease custody and the factors to be considered)
- Beckley v. Miner, 125 F. App’x 385 (3d Cir. 2005) (addressing whether claim for RDAP placement is cognizable in habeas corpus)
- Dababneh v. Warden Loretto FCI, 792 F. App’x 149 (3d Cir. 2019) (finding such claims may be cognizable under habeas corpus in some contexts)