Saldana v. Warden

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JULIO SALDANA,
Petitioner
v.
WARDEN,
Respondent.
CIVIL ACTION NO. 3:25-CV-02472
(MEHALCHICK, J.)
MEMORANDUM
Julio Saldana (“Saldana”) filed the instant petition for writ of habeas corpus pursuant
to 28 U.S.C. § 2241 challenging the Bureau of Prisons’ (“BOP”) determination to not apply
his earned time credits (“ETC”) under the First Step Act (“FSA”) because his underlying
conviction makes him ineligible. (Doc. 1). For reasons set forth below, the Court will dismiss
the petition.
I. 	B ACKGROUND AND P ROCEDURAL HISTORY
On April 18, 2019, Saldana was sentenced to 138-months of imprisonment after
pleading guilty to conspiracy to distribute and to possess with intent to distribute controlled
substances (Fentanyl) under 21 U.S.C. §§ 846, 841(a) and 841(b)(1)(A)(vi). United States v.
Saldana, No. 1:18-CR-00033-JL, Doc. 596 (D.N.H.). Saldana is currently housed in the
Federal Correctional Institution Schuylkill (“FCI-Schuylkill”) in Minersville, Pennsylvania.
Saldana initiated this habeas corpus action under 28 U.S.C. § 2241 in December of
2025. (Doc. 1). On December 19, 2025, the Court entered an order instructing Saldana to pay
the statutorily required filing fee or file a motion to proceed in forma pauperis within thirty-
days. (Doc. 3). On January 14, 2026, Saldana paid the filing fee. The Court will now screen
the petition pursuant to Rule 4.
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II. 	V ENUE
A § 2241 petition must be filed in the district where the petitioner is in custody. See
Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 494–95 (1973) (“The writ of
habeas corpus does not act upon the person who seeks relief, but upon the person who holds
him in what is alleged to be unlawful custody.”) 	Saldana is housed at FCI-Schuylkill in
Schuylkill County, Pennsylvania, which is located in this district. See 28 U.S.C. § 118(b).
Therefore, this Court is the proper venue for the action.
III. 	DISCUSSION
Under Rule 4 of the rules governing habeas corpus petitions under 28 U.S.C. § 2254,
a district court must promptly review a petition and dismiss it if it is plain from the face of the
petition that the petitioner is not entitled to relief. 28 U.S.C. § 2254 Rule 4. District courts
have the discretion to apply this rule in habeas corpus cases brought under 28 U.S.C. § 2241.
28 U.S.C. § 2254 Rule 1.
The FSA allows eligible inmates who successfully complete evidence-based recidivism
reduction programs or productive activities to receive time credits to be applied toward time
in pre-release custody or supervised release. See 18 U.S.C. § 3632(d)(4)(A), (C). An inmate
can earn ten (10) days of credit for every thirty (30) days of successful participation. 18 U.S.C.
§ 3632(d)(4)(A)(i). Furthermore, eligible inmates assessed at a minimum or low risk of
recidivism who do not increase their risk of recidivism over two (2) consecutive assessments
may earn five (5) additional days of time credit for every thirty (30) days of successful
participation, for a total of fifteen (15) days’ time credit per thirty (30) days’ successful
participation. 18 U.S.C. § 3632(d)(4)(A)(ii).
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The FSA contains multiple eligibility requirements, including an extensive list of
convictions that render a prisoner ineligible for ETC. 18 U.S.C. § 3632(d)(4)(D). Saldana
alleges that his underlying conviction is being considered a crime of violence in error resulting
him being deemed ineligible for the application of FSA credits. (Doc. 1). However, the focus
of Saldana’s petition is misplaced. Saldana’s conviction under 21 U.S.C. § 841(b)(1) for the
distribution of and possession with intent to distribute fentanyl is listed as a disqualifying
offense under the FSA regardless of whether or not it qualified as a crime of violence.
Section 3632 includes the following conviction as disqualifying under the FSA:
Subparagraph 	(A)(vi) 	or 	(B)(vi) 	of 	section 	401(b)(1) 	of 	the 	Controlled
Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1)(F) or (2)(F) of section
1010(b) of the Controlled Substances Import and Export Act (21 U.S.C.
960(b)), relating to manufacturing, distributing, dispensing, or possessing with
intent 	to 	manufacture, 	distribute, 	or 	dispense, 	a 	mixture 	or 	substance
containing 	a 	detectable 	amount 	of 	N-phenyl-N-[1-(2-phenylethyl)-4-
piperidinyl] propanamide, or any analogue thereof.
18 U.S.C. § 3632(d)(4)(D)(lxvi).
The 	compound 	of 	N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] 	propanamide 	is
commonly known as Fentanyl. Severino v. Warden, FCI Fort Dix, No. 23-3114, 2024 WL
208964, *3 n.2 (D.N.J. Jan. 19, 2024). Here, Saldana pled guilty to a violation of 21 U.S.C. §
841(a)(1) and (b)(1)(B)(vi) possession with intent to distribute 400 grams or more of Fentanyl.
Saldana, 	No. 	1:18-CR-00033-JL, 	Doc. 	596. Therefore, 	despite 	his argument 	that 	the
underlying conviction was not a crime of violence, his underlying conviction regardless of it’s
violence classification precludes Saldana from accruing time credits under the FSA. As such,
the petition will be dismissed with prejudice.
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IV. 	CONCLUSION
For the above stated reasons, the petition for writ of habeas corpus will be dismissed
with prejudice pursuant to Rule 4. An appropriate order follows.
Dated: January 26, 2026 	s/ Karoline Mehalchick
KAROLINE MEHALCHICK
United States District Judge
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