3:25-cv-00058•BEAUCHAINE v. UNDERWOOD, et al.
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1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA DONALD BEAUCHAINE, : Petitioner : v. : Case No. 3:25-cv-58-SLH- KAP MICHAEL UNDERWOOD, WARDEN, : F.C.I. LORETTO, : Respondent : Report and Recommendation Recommendation Petitioner Beauchaine, an inmate at F.C.I. Loretto, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C.§ 2241. ECF no. 5. The respondent responded at ECF no. 12, and petitioner filed a traverse at ECF no. 13. The petition should be denied on the merits. Report Beauchaine asserts in his habeas corpus petition that the Bureau of Prisons is illegally refusing to apply to his sentence a quantity of earned time credits (ETC) for programming completed under the applicable provisions of the First Step Act of 2018, Pub.L.No. 115-391, 132 Stat. 5208 (December 21, 2018). The First Step Act amended 18 U.S.C.§ 3621 to require the Bureau of Prisons to create or expand programs that will reduce the risk of recidivism by persons convicted of federal offenses, and to award eligible inmates who participate in these programs credits that can be applied toward time in prerelease custody or supervised release. It is specified in the First Step Act that inmates with convictions for certain (approximately 68) offenses that Congress deems incompatible with recidivism reduction are ineligible to have ETCs applied. In other words, not all inmates who earn ETCs by taking recidivism-reducing programs are eligible to have ETCs applied to their sentences. Those offenses are listed by reference to their statutory section, subsection, or in some cases paragraph within subsection, at 18 U.S.C.§ 3632(d)(4)(D)(“A prisoner is ineligible to receive [ETC] ... if the prisoner is serving a sentence for a conviction under any of the following provisions of law[.]” See Pacheco-Mejia v. Underwood, No. 25-2205 (3d Cir. Nov. 7, 2025), summarily affirming the judgment in Case No. 3:24-cv-278 (W.D. Pa. June 10, 2025)(Pesto, M.J.). Beauchaine pleaded guilty in the Eastern District of North Carolina to manufacture of child pornography in violation of 18 U.S.C.§ 2251(a) & (e). United States v. Beauchaine, Case 3:25-cv-00058-NBF-KAP Document 14 Filed 11/10/25 Page 1 of 3
2 Case No. 7:15-cr-63-D-1 (E.D.N.C.); see also United States v. Beauchaine, No. 22-7240 (4 th Cir. March 24, 2023)(affirming the denial of motion for compassionate release). On July 12, 2016, the Honorable James Dever sentenced Beauchaine to 180 months imprisonment followed by a 15-year term of supervised release. Beauchaine’s offense is expressly designated in the First Step Act as an ineligible offense. 18 U.S.C.§ 3632(d)(4)(D)(xxxix). But, says Beauchaine, this violates the equal protection clause, constitutes a bill of attainder, and offends separation of powers principles. Beauchaine has failed to exhaust his administrative remedies but since his claims are frivolous there is little to be gained by making Beauchaine present them the right way. The equal protection doctrine, whether implied by the Due Process Clause of the Fifth Amendment or expressly spelled out in the Fourteenth Amendment, can be summed up as requiring all persons subject legislation to be treated alike under like circumstances and conditions and where there is a difference in treatment that there be at least a rational basis for the difference. See Engquist v. Oregon Dep't of Agriculture, 553 U.S. 591, 602 (2008). That there is a rational basis for treating criminal offenses differently for purposes of the First Step Act rests on the same foundation that treats criminal offenses differently for purposes of the Sentencing Guidelines or allows there to be grades in criminal offenses in the first place. A fentanyl trafficker murderer and a heroin trafficker can be regarded as deserving of different treatment either at sentencing or under the First Step Act because it is rational to consider their conduct as differing. Beauchaine’s spew of words at Petition 6-8 fails even to identify any class of FSA-eligible offenders he claims to be similarly situated to. Policy choices by the legislative branch of government do not become subject to equal protection scrutiny simply because they are policy choices. To put it in simple language, treating distinct groups of individuals differently presents no equal protection problem. Engquist v. Oregon Dep't of Agriculture, supra, 553 U.S. at 605, citing New York City Transit Auth. v. Beazer, 440 U.S. 568, 593 (1979) (upholding city's exclusion of methadone users from employment under rational-basis review); Harrah Independent School District v. Martin, 440 U.S. 194, 199-201 (1979); (classification between teachers who had complied with a continuing-education requirement and those who had not is rational and does not violate the Equal Protection Clause); and Massachusetts Board of Retirement v. Murgia, 427 U.S. 307, 314-17 (1976) (upholding a mandatory retirement age under rational-basis review). Beauchaine’s belief that as a manufacturer of child pornography he is entitled to a higher level of constitutional scrutiny than transit workers, schoolteachers, and law enforcement officers may seem reasonable to him. But his belief that pointing out that some offenses do not preclude some classes of offenders from being designated FSA-eligible is all he has to do to state an equal protection claim is frivolous. Case 3:25-cv-00058-NBF-KAP Document 14 Filed 11/10/25 Page 2 of 3
3 Beauchaine’s other two claims are even less substantial. The prohibition against bills of attainder is “surely” not a variant of the equal protection doctrine. Nixon v. Administrator of General Services, 433 U.S. 425, 471 (1977). When the legislature singles out conduct for reward or punishment, as it did in the First Step Act, the bill of attainder doctrine is not even relevant. As for Beauchaine’s three paragraphs at page 9 of the Petition that he heads with “Separation-of-Powers Doctrine,” they do not articulate a claim, they refute one. Beauchaine claims in his second paragraph that the First Step Act constitutes “the legislative imposition of punishment… .” He thus negates his assertion in the third paragraph that the First Step Act is offensive because in it Congress is exercising judicial powers. He also fails to state any reason why if the First Step Act were invalid that would result in him obtaining benefits that can flow to him only if the First Step Act is valid. The respondent charitably refers to Beauchaine’s argument as vague. In fact, it is nonsense. Pursuant to 28 U.S.C.§ 636(b)(1), the parties are given notice that they have fourteen days to file written objections to this Report and Recommendation. In the absence of timely and specific objections any appeal would be severely hampered or entirely defaulted. See EEOC v. City of Long Branch, 866 F.3d 93, 100 (3d Cir.2017)(describing standard of appellate review when no timely and specific objections are filed as limited to review for plain error). DATE: November 10, 2025 Keith A. Pesto, United States Magistrate Judge Notice by ECF to counsel and by U.S. Mail to: Donald Beauchaine Reg. No. 14409-027 F.C.I. Loretto P.O. Box 1000 Cresson, PA 16630 Case 3:25-cv-00058-NBF-KAP Document 14 Filed 11/10/25 Page 3 of 3
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