The Fifth Circuit Court of Appeals ruled on October 9, 2026, in the case of Dennis Michael Hogan v. FCI, La Tuna Case Manager, et al. (Docket No. 25-50315), affirming a lower court's decision that denied Hogan's request for time credits under the First Step Act (FSA). The ruling impacts federal prisoners seeking to earn time credits for good behavior and participation in rehabilitation programs while incarcerated.
Hogan, a federal prisoner serving a 180-month sentence for enticement of a minor, filed a habeas corpus petition after he was denied time credits for the period he spent in custody before arriving at his designated Bureau of Prisons (BOP) facility. The court's decision highlights the complexities surrounding the FSA and the eligibility of inmates to earn credits for time served prior to their official designation in a BOP facility.
The parties in this case include Dennis Michael Hogan, the petitioner and appellant, and various officials from the Federal Correctional Institution (FCI) La Tuna, including Warden Edge and Bureau of Prisons Director C.S. Peters, who are the respondents and appellees. The dispute arose after Hogan was sentenced in August 2020 and subsequently transferred between several facilities before arriving at FCI La Tuna on June 28, 2021. He filed his habeas petition on October 4, 2024, claiming he was entitled to time credits from the date of his sentencing.
The lower court dismissed Hogan's petition, leading to his appeal to the Fifth Circuit. Hogan argued that he should have been able to earn time credits for the 308 days he spent in custody before arriving at FCI La Tuna, asserting that the BOP's regulations conflicted with the FSA. The BOP contended that time credits could only be earned after an inmate's term of imprisonment commenced, which they defined as the date the inmate arrives at the designated facility.
The Fifth Circuit, composed of Judges Southwick, Graves, and Wilson, reviewed the case and affirmed the district court's ruling. The court stated, "The FSA does not mandate that the prisoner begin accumulating ETCs as soon as he is sentenced. Instead, it provides that a prisoner’s ability to accumulate ETCs does not begin until his sentence commences." The judges found that Hogan did not substantiate any participation in rehabilitation programs during the time he was in custody before arriving at FCI La Tuna, which was a necessary condition to earn credits under the FSA.
The court's ruling clarifies that federal prisoners must be physically present in a designated BOP facility and actively participating in rehabilitation programs to earn time credits under the FSA. This decision reinforces the BOP's authority to determine when inmates can begin earning credits and establishes that time credits cannot be applied retroactively for periods spent in custody prior to arrival at a designated facility.
The impact of this ruling is significant for federal prisoners who may find themselves in similar situations as Hogan. It sets a clear precedent that emphasizes the importance of being in a designated facility and actively participating in rehabilitation programs to earn time credits. This decision may affect future cases where inmates seek to claim time credits for periods spent in custody before their official designation.
Moving forward, Hogan's options for appeal are limited. The Fifth Circuit's ruling is a final decision on the matter, and while Hogan could seek further review, it is unlikely that the Supreme Court would take up the case given the specificity of the ruling regarding the FSA and the BOP's regulations. There are no related cases pending that could alter the outcome of Hogan's situation.