The Fifth Circuit Court of Appeals has upheld the dismissal of a habeas corpus petition filed by federal inmate Dennis Michael Hogan. The case, Hogan v. FCI, La Tuna Case Mgr, No. 25-50315, centers on Hogan's request for time credits under the First Step Act (FSA) for the period he spent in custody before arriving at his designated Bureau of Prisons (BOP) facility. The court's decision affects Hogan and potentially other inmates seeking similar relief from the BOP regarding time credits.
Hogan was sentenced in August 2020 to 180 months in prison for enticement of a minor. After his sentencing, he was transferred between various facilities before arriving at the Federal Correctional Institution (FCI) La Tuna in June 2021. Hogan filed a habeas petition on October 4, 2024, arguing that he was entitled to FSA credits for the time he spent in custody before arriving at FCI La Tuna. He claimed that these credits began accumulating the day of his sentencing and requested immediate placement in home confinement.
The district court dismissed Hogan's petition, stating that he was not eligible to earn credits before arriving at his designated BOP facility. Hogan appealed the decision, leading to the current ruling by the Fifth Circuit.
The court ruled that Hogan was not entitled to the time credits he sought. Judge Cory T. Wilson, writing for the panel, explained that the BOP's regulations, which state that inmates begin earning credits only after arriving at their designated facility, do not conflict with the FSA. The court noted, "Hogan does not substantiate any participation—even attempted participation—in EBRR programming or PAs that would entitle him to the time credits he seeks."
The ruling emphasized that Hogan failed to demonstrate any engagement in recidivism reduction programs during the time he claimed credits should have been earned. The court stated, "For [Hogan], ‘it is not a question of whether he successfully participated; it is a question of whether he participated at all, and the record shows that he did not.’" The judges involved in the ruling were Circuit Judges Southwick, Graves, and Wilson.
This decision has significant implications for federal inmates who may seek to challenge the BOP's regulations regarding time credits under the FSA. The court's ruling reinforces the BOP's authority to determine when inmates can begin earning credits based on their participation in approved programs. The ruling also clarifies that inmates must actively participate in recidivism reduction programs to qualify for time credits.
Going forward, the ruling sets a precedent that could affect similar cases involving inmates seeking time credits for periods spent in custody before arriving at their designated facilities. Inmates may find it challenging to claim credits for time spent in custody prior to their official designation as BOP prisoners unless they can demonstrate participation in relevant programs.
As of now, it is unclear whether Hogan will appeal the Fifth Circuit's decision. There may be related cases pending that could further clarify the application of the FSA and the BOP's regulations regarding time credits.