0:24-cv-04341•Reese v. Warden, FCI Sandstone
Gesamter Gesetzestext
1 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Gordon David Reese, Petitioner, v. Warden, FCI Sandstone,1 Respondent. Case No. 24-cv-4341 (LMP/DLM) REPORT AND RECOMMENDATION This matter is before the Court on pro se Petitioner Gordon Reese’s Petition for writ of habeas corpus under 28 U.S.C. § 2241. (Doc 1.) The case has been referred to the undersigned United States Magistrate Judge for a Report and Recommendation pursuant to 28 U.S.C. § 636 and District of Minnesota Local Rule 72.1. The Petition comes before the Court for review under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts.2 For the reasons explained below, the Court recommends that Mr. Reese’s Petition be denied, and this action be dismissed without prejudice. 1When Mr. Reese filed his Petition, he was incarcerated at the Federal Correctional Institution in Sandstone, Minnesota (“FCI Sandstone”). (Doc. 9 ¶ 2.) But while his Petition was pending, Mr. Reese was transferred from FCI Sandstone to Federal Correctional Institution Thomson (“FCI Thomson”). (See Docs. 12, 17; see also Find an Inmate, https://www.bop.gov/inmateloc/ [https://perma.cc/FP9X-53YN] (last visited November 4, 2025). 2 Although Mr. Reese does not bring his habeas Petition pursuant to 28 U.S.C. § 2254, the Court may apply the Rules Governing Section 2254 Cases to his Petition per 28 U.S.C. § 2254 Rule 1(b). CASE 0:24-cv-04341-LMP-DLM Doc. 23 Filed 11/10/25 Page 1 of 7
2 BACKGROUND On December 2, 2024, Mr. Reese filed his Petition challenging a determination by the Bureau of Prisons (“BOP”) that he is ineligible to earn First Step Act (“FSA”) time credits (“FTCs”) based on a sentence he received for violating 18 U.S.C. § 924(c)(1). (See generally Doc. 1.) The BOP determined that Mr. Reese was not only ineligible to earn FTCs during the term of his sentence based on his § 924(c) conviction, but also for unrelated sentences that were otherwise FTC eligible, save for the BOP aggregating the several sentences and treating them as one. In 2006, Mr. Reese was convicted of Conspiracy to Distribute or Possess with Intent to Distribute in Excess of 5 Grams of Methamphetamine, in violation of 21 U.S.C §§ 846 and 841(a)(1), (b)(1)(B) (Count 1); Possession with Intent to Distribute in Excess of 5 Grams of Methamphetamine, in violation of 21 U.S.C § 841(a)(1), (b)(1)(B) (Count 2); Possession of a Firearm in Furtherance of a Drug Trafficking Crime, in violation of 18 U.S.C. § 924(c)(1) (Count 3); Armed Career Criminal in Possession of a Firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1) (Count 4); and Assault Resulting in Bodily Injury, in violation of 18 U.S.C § 113(a)(4) (Count 5). (Docs. 9 ¶ 3 (citing United States v. Gordon David Reese, Case No. 05-cr-269 (JNE/RLE) (D. Minn.); 9-1 at 1-8).) He was originally sentenced to 303 months on Counts 1, 2, and 4 to be served concurrently, 6 months on Count 5 to be served concurrently, and 60 months on Count 3 to be served consecutively, for a total sentence of 363 months. (Docs. 9 ¶ 4; 9-1 at 2.) He was later resentenced to 120 months on Count 4. (Docs. 9 ¶ 4; 9-3.) Mr. Reese is expected to be released in 2031 via good conduct release. (Docs. 9 ¶ 5; 9-2 at 4.) CASE 0:24-cv-04341-LMP-DLM Doc. 23 Filed 11/10/25 Page 2 of 7
3 FSA Time Credits Under the FSA, people incarcerated in federal prison who complete recidivism reduction programs are eligible to earn FTCs to be applied to early transfer to prerelease custody or supervised release. 18 U.S.C § 3632(d)(4). That said, prisoners are ineligible to earn FTCs if they are “serving a sentence for a conviction” of certain crimes, including a conviction under 18 U.S.C. § 924(c), “relating to unlawful possession or use of a firearm during and in relation to any crime of violence or drug trafficking crime.” 18 U.S.C § 3632(d)(4)(D)(xxii). Mr. Reese’s Petition Challenging the BOP’s Implementation of the FSA The BOP determined that because Mr. Reese’s term of imprisonment for his § 924(c) conviction has been aggregated with his other terms of imprisonment for his drug convictions, he is ineligible to earn FTCs under 18 U.S.C. § 3632(d)(4)(D)(xxii) for his entire aggregated term of imprisonment. (Docs. 9 ¶ 7; 9-4.) Mr. Reese challenges the BOP’s determination in the first instance but alternatively argues that he should be eligible to earn FTCs “with respect to his drug sentence.” (Doc. 1 at 8.) Respondent argues that Mr. Reese’s Petition should be denied because the BOP has properly determined that he is ineligible to earn FTCs for the entire aggregated sentence because of his disqualifying § 924(c) conviction, and federal law requires the BOP to administratively aggregate this sentence with Mr. Reese’s (otherwise eligible) sentences for his drug convictions. ANALYSIS The writ of habeas corpus is a procedure available to prisoners to create government accountability for unlawful detention. See Peyton v. Rowe, 391 U.S. 54, 58 (1968); Ex parte CASE 0:24-cv-04341-LMP-DLM Doc. 23 Filed 11/10/25 Page 3 of 7
4 McCardle, 73 U.S. (6 Wall.) 318, 325-26 (1867). Through habeas, prisoners may petition a court to require their “jailer to justify the[ir] detention under the law.” Jorgensen v. Birkholz, No. 20-cv-2349 (NEB/DTS), 2021 WL 3476709, at *5 (D. Minn. Feb. 18, 2021) (quoting Peyton, 391 U.S. at 58), R. & R. adopted, 2021 WL 2935641 (D. Minn. July 13, 2021), appeal dismissed, No. 21-2786, 2021 WL 6808428, at *1 (8th Cir. Sept. 27, 2021). Under 28 U.S.C. § 2241—a habeas statute for prisoners in federal custody—federal courts have the jurisdiction to determine whether a prisoner’s custody violates federal law. 28 U.S.C. § 2241(c)(3). Additionally, courts construe pro se petitions liberally. See Frey v. Schuetzle, 78 F.3d 359, 361 (8th Cir. 1996). Mr. Reese argues that even though people serving sentences for convictions under § 924(c) are ineligible to earn FTCs, he should be permitted to earn FTCs based on his other FTC-eligible convictions, and the BOP’s aggregation of all his terms of imprisonment into one FTC-ineligible sentence “runs afoul” of statutory interpretation. (Doc. 3 at 3.) He also argues that the BOP’s interpretation of the FSA violates the Fifth Amendment Due Process clause and the Ex Post Facto clause. The Court addresses each argument in turn, starting with the suggestion that statutory interpretation principles compel the BOP to find Mr. Reese eligible to earn FTCs for his entire sentence, or at least for the portion of his sentence he is serving for his drug offenses. Here, the Eighth Circuit has spoken directly and consistently, albeit in unpublished opinions: under 18 U.S.C. § 3584, multiple prison terms ordered to run consecutively or concurrently are treated as a single aggregate sentence. See Clinkenbeard v. Murdock, No. 24-3127, 2025 WL 926451, at *1 (8th Cir. Mar. 27, 2025); Tyler v. Garrett, CASE 0:24-cv-04341-LMP-DLM Doc. 23 Filed 11/10/25 Page 4 of 7
5 No. 24-1147, 2024 WL 5205501, at *1 (8th Cir. Dec. 24, 2024); see also 18 U.S.C. § 3584(c) (“[m]ultiple terms of imprisonment ordered to run consecutively or concurrently shall be treated for administrative purposes as a single, aggregate term of imprisonment.”)). As a result, “[w]hen a prisoner is convicted of at least one disqualifying offense under the FSA, the BOP is to regard the prisoner as ineligible to earn FSA time credits, even if the prisoner was also convicted of other offenses that, taken alone, would not be disqualifying.” Calles Corrales v. Eischen, No. 25-cv-01987 (LMP/ECW), 2025 WL 1799809, at *2 (D. Minn. May 12, 2025), R. & R. adopted, 2025 WL 1797732 (D. Minn. June 30, 2025) (citing Hill v. King, No. 23-cv-1365 (KMM/JFD), 2025 WL 1020604, at *6 (D. Minn. Apr. 7, 2025)). As such, the Court concludes that Mr. Reese’s sentence cannot be divided into eligible and ineligible segments for FTC-eligibility purposes, and he is therefore ineligible to earn FTCs for the entire length of his sentence. Mr. Reese next argues that the BOP’s interpretation of the FSA violates the Fifth Amendment Due Process clause and the Ex Post Facto clause. According to Mr. Reese, the BOP’s interpretation of § 3632(d)(4)(D)(xxii)—and the determination that his sentence for his § 924(c) conviction is ineligible to earn FTCs—violates his Fifth Amendment right to due process. But there is no constitutionally protected liberty interest in the opportunity to earn FTCs, so losing the opportunity to earn FTCs does not result in a violation of Mr. Reese’s due process rights. See Fiorito v. Fikes, No. 22-cv-0749 (PJS/TNL), 2022 WL 16699472, at *6 (D. Minn. Nov. 3, 2022) (“because the opportunity to earn FTCs is not a protected liberty interest, [Petitioner] was not entitled to due process before he lost that opportunity”), aff’d, No. 23-1006, 2023 WL 4841966 (8th Cir. July 28, 2023); Gant v. CASE 0:24-cv-04341-LMP-DLM Doc. 23 Filed 11/10/25 Page 5 of 7
6 King, No. 23-cv-1766 (NEB/ECW), 2023 WL 6910771, at *3 (D. Minn. Oct. 19, 2023); Purdy v. LeJeune, 2023 WL 4561334, 13 at *15 (D. Minn. July 17, 2023), R. & R. adopted, 2023 WL 5039748 (D. Minn. Aug. 8, 2023); Jun v. Eischen, 2023 WL 5917739, at *8 (D. Minn. June 30, 2023), R. & R. adopted, 2023 WL 5899128 (D. Minn. Sep. 11, 2023). Mr. Reese also asserts that the FSA violates the Ex Post Facto clause because § 3632(d)(4)(D)(xxii) disqualifies his administratively aggregated sentence from earning FTCs. But this argument fails too. “To fall within the ex post facto prohibition, a law must be retrospective—that is, it must apply to events occurring before its enactment—and it must disadvantage the offender affected by it by altering the definition of criminal conduct or increasing the punishment for the crime.” United States v. Ellingburg, 113 F.4th 839, 841 (8th Cir. 2024), cert. granted, 145 S. Ct. 1899, 221 L. Ed. 2d 645 (2025) (quotations and citations omitted). The FSA does not apply retroactively, nor did the FSA alter § 924(c)’s definition of criminal conduct or increase Mr. Reese’s punishment for his § 924(c) conviction. Mr. Reese will not serve any more time in prison than he would have served in the absence of the FSA. Nor did the FSA make unlawful anything that had once been lawful. The FSA simply makes some prisoners eligible for earlier release—a benefit, not a punishment. For these reasons, the Court concludes that § 3632(d)(4)(D)(xxii) is neither retroactive nor a punishment and therefore does not violate the Ex Post Facto Clause. Mr. Reese’s habeas petition should therefore be denied in its entirety. Having addressed the merits of Mr. Reese’s arguments, the Court now turns to the question of whether an evidentiary hearing is necessary. An evidentiary hearing is appropriate only when material facts are disputed. Ruiz v. Norris, 71 F.3d 1404, 1406 (8th CASE 0:24-cv-04341-LMP-DLM Doc. 23 Filed 11/10/25 Page 6 of 7
7 Cir. 1995). An evidentiary hearing is not required when a conclusion can be reached on the issue with the undisputed facts. United States v. Winters, 411 F.3d 967, 973 (8th Cir. 2005). This matter can be resolved based on the record and thus the Court finds no evidentiary hearing is necessary. RECOMMENDATION Based on the above, and on all the files, records, and proceedings in this case, IT IS RECOMMENDED that: 1. Petitioner David Reese’s Petition for writ of habeas corpus under 28 U.S.C. § 2241 (Doc. 1) be DENIED; and 2. This action be DISMISSED WITHOUT PREJUDICE. Date: November 10, 2025 s/Douglas L. Micko DOUGLAS L. MICKO United States Magistrate Judge NOTICE Filing Objections: This Report and Recommendation is not an order or judgment of the District Court and is therefore not appealable directly to the Eighth Circuit Court of Appeals. Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a magistrate judge’s proposed findings and recommendations within 14 days after being served with a copy” of the Report and Recommendation. A party may respond to those objections within 14 days after being served a copy of the objections. See Local Rule 72.2(b)(2). All objections and responses must comply with the word or line limits set forth in Local Rule 72.2(c). CASE 0:24-cv-04341-LMP-DLM Doc. 23 Filed 11/10/25 Page 7 of 7
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