Loera v. Hijar
3:25-cv-00118
| W.D. Tex. | Jun 29, 2025Background
- Jorge Loera, a federal prisoner, filed a pro se habeas petition under 28 U.S.C. § 2241 while incarcerated at La Tuna Federal Correctional Institution, Texas.
- Loera had pleaded guilty to: (1) possession with intent to distribute more than 100 grams of heroin and (2) possession of a firearm in furtherance of a drug trafficking crime under 18 U.S.C. § 924(c).
- He was sentenced to 156 months' imprisonment; his appeal was dismissed.
- In his petition, Loera argued the Bureau of Prisons (BOP) improperly denied him First Step Act (FSA) Earned Time Credits (ETCs) because of his firearm conviction.
- He claimed the Supreme Court had supposedly ruled most gun possession cases are non-violent and thus he should qualify for FSA credits.
- The Court evaluated his petition at the pleading stage and performed the statutorily required initial review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for First Step Act Earned Time Credits after § 924(c) conviction | Loera should get ETCs; his gun charge is non-violent and FSA-eligible | BOP denies ETCs as § 924(c) convictions are excluded by statute | Loera ineligible for ETCs under 18 U.S.C. § 3632(d)(4)(D)(xxii) |
| Entitlement to early release/shortened sentence via ETCs | Loera is entitled to sentence reduction/counting of ETCs | No constitutional right to early release; BOP discretion controls | No right to pre-release or ETCs; BOP acted within discretion |
| Constitutionality of BOP's decision | Loera is in custody in violation of law due to ETC denial | BOP is applying statute as written | No constitutional or legal violation found |
| Court intervention in BOP application of credits | Court should order BOP to show cause and grant credits | Application of credits is BOP's statutory authority | Court declines to intervene; petition denied and dismissed with prejudice |
Key Cases Cited
- Pack v. Yusuff, 218 F.3d 448 (5th Cir. 2000) (explanation of § 2241 as vehicle to challenge manner of custody)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (pleading standards in federal court)
- Erickson v. Pardus, 551 U.S. 89 (2007) (liberal construction of pro se pleadings)
- Wottlin v. Fleming, 136 F.3d 1032 (5th Cir. 1998) (no constitutional right to early release from valid sentence)