After serving a custodial sentence for a drug conviction, Leon Gonzalez sought application of his accumulated First Step Act earned time credits to shorten his supervised release. The Bureau of Prisons applied some credits to end custody but refused to reduce supervised release; Gonzalez filed a 28 U.S.C. § 2241 petition for writ of habeas corpus, which the district court denied. The Ninth Circuit reversed, holding 18 U.S.C. § 3632 permits applying earned credits to reduce a term of supervised release and remanded with instructions to grant the petition in part, recalculate credits, and provide the recalculation to the probation officer.
The panel read 18 U.S.C. § 3632(d)(4)(C) according to its plain text and ordinary meaning. Credits “shall be applied toward time in prerelease custody or supervised release,” and “apply toward,” the court instructed, means reduce the length of the supervised release term, not just accelerate transfer from imprisonment to supervision. The court rejected contrary readings that treat credits as useful only to shorten custody.
The court noted that Gonzalez’s release from BOP custody did not moot the case because he remained “in custody” for habeas purposes while on supervised release. The court remanded for recalculation of Gonzelez’s earned time credits.
Appeal from the Central District of California.
Opinion by Mendoza, joined by Tashima and Nguyen.