United States v. El-Yousseph, 2:18-cr-00147

Defendant Bilal El Yousseph pleaded guilty to conspiracy to distribute controlled substances and brandishing a firearm during a drug trafficking crime.
He was sentenced to 18 months on the drug charge and a consecutive 84 months on the firearm charge, totaling 102 months, with supervised release to follow.
El Yousseph's projected release date is October 17, 2025.
Acting pro se, El Yousseph moved for modification of his sentence under 18 U.S.C. § 3582(c).
The motion raised three issues: eligibility for a sentence reduction under Amendment 821, entitlement to good time credits under the First Step Act, and eligibility for a residential reentry center under the Second Chance Act.
The Court considered his motion and ultimately denied it in full.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Eligibility for Amendment 821 reduction	Should be considered a zero-point offender for a two-level reduction	Had three criminal history points (record reflects), so not eligible	Defendant not eligible for reduction; Amendment 821 does not apply
First Step Act good time credits	Ineligible based on BOP’s interpretation of gun charge	Requests court order for BOP to apply credits	Court lacks jurisdiction; must exhaust BOP remedies; file § 2241
Second Chance Act RRC placement	Completed rehabilitative programs, eligible for RRC placement	BOP may incorrectly determine ineligibility	Court lacks jurisdiction; remedy must be sought via § 2241 in proper district

Rumsfeld v. Padilla, 542 U.S. 426 (proper respondent in habeas proceedings is custodian with day-to-day control)
Roman v. Ashcroft, 340 F.3d 314 (court must have jurisdiction over petitioner’s custodian for habeas relief)
Demis v. Sniezek, 558 F.3d 508 (BOP authorized to consider RRC placement in last 12 months under Second Chance Act)