Kennedy v. Warden, FPC Duluth

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Jamar Antron Kennedy,
Petitioner,
v.
Warden, FPC Duluth,
Respondent.
Case No. 25-cv-2008 (ECT/DLM)
REPORT AND
RECOMMENDATION
This matter is before the Court on Petitioner Jamar Antron Kennedy’s Petition for a
Writ of Habeas Corpus under 28 U.S.C. § 2241. (Doc. 1.) In his Petition, Mr. Kennedy
argues that the Federal Bureau of Prisons (“BOP”) has failed to properly calculate his First
Step Act (“FSA”) time credits (“FTCs”), thus postponing his transfer to prerelease custody.
(Id. at 2.) From Mr. Kennedy’s perspective, he began earning FTCs on the day he began
serving his sentence, not when he later began FSA-qualified programming and activities.
Mr. Kennedy also argues that the BOP has improperly disallowed him FTCs for the
timeframe he was in transit between BOP facilities, August 15 to November 22, 2024. The
BOP contends that it has properly credited Mr. Kennedy for the FTCs he actually earned,
and that the additional FTCs he seeks were never earned through qualified programming.
Mr. Kennedy’s Petition comes before the Court for review under Rule 4 of the Rules
Governing Section 2254 Cases in the United States District Court.1 The case has been
1 Although Mr. Kennedy’s Petition is not filed under 28 U.S.C. § 2254, the Court may
apply the rules governing that section per Rule 1(b).
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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.
For the reasons explained below, the Court recommends that Mr. Kennedy’s Petition (Doc.
1) be denied, and this action be dismissed with prejudice.
BACKGROUND
Mr. Kennedy is currently serving a 144-month term of imprisonment for a
conviction of Conspiracy to Distribute and Possess with Intent to Distribute Controlled
Substances in violation of 21 U.S.C. §§ 2 and 841(a)(1). (Docs. 1 at 2; 10 ¶ 3.) Mr. Kennedy
was sentenced on October 12, 2022, and entered the custody of the BOP on January 11,
2023, at Federal Correctional Institution (“FCI”) Herlong in California. (Docs. 10 ¶ 5; 10-
3 at 1.) Before Mr. Kennedy entered FCI Herlong, he was housed in a non-BOP facility,
then in a BOP facility as a holdover inmate. (Docs. 10 ¶ 16; 10-3 at 1.) After about a year
and a half at FCI Herlong, Mr. Kennedy was moved to the Federal Prison Camp (“FPC”)
Duluth. (Docs. 10 ¶ 16; 10-3 at 1.) Along the way, Mr. Kennedy was housed in various
holdover facilities while being transferred to FPC Duluth. (Docs. 10 ¶ 16; 10-3 at 1.) Mr.
Kennedy was in these holdover facilities from August 15, 2024, through November 12,
2024, when he reached FPC Duluth. (Docs. 10 ¶ 16; 10-3 at 1.) Mr. Kennedy has a
projected release date of November 19, 2030.2 See BOP, Find an Inmate,
https://www.bop.gov/inmateloc/ (last accessed February 2, 2026).
2 Records submitted by the BOP with its Response indicate that with the application of his
FTCs, Mr. Kennedy’s projected release date is November 24, 2030. (Docs. 10 ¶ 21; 10-1
at 3.) But as of this writing, Mr. Kennedy’s projected release date is November 19, 2030.
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The First Step Act and FSA Time Credits
Mr. Kennedy’s Petition relates to incentives he is eligible to earn under the First
Step Act of 2018. Congress enacted the FSA to reduce the federal prison population while
also creating mechanisms for maintaining public safety by reducing recidivism risk.
Congressional Research Service, The First Step Act of 2018: An Overview, 1 (2019),
https://www.congress.gov/crs-product/R45558, (last accessed February 1, 2026). Through
the FSA, Congress directed the United States Attorney General to develop a risk and needs
assessment system to determine the recidivism risk of each incarcerated person, their
specific programing needs based on that assessed risk, and their classification according to
their minimum, low, medium, or high risk for recidivism. 18 U.S.C. § 3632(a). The BOP
uses the assessment system, called the PATTERN tool, to determine the type of evidence-
based recidivism reduction (“EBRR”) programming and productive activities (“PA”) most
appropriate for each incarcerated person. Id. § 3632(a)(3), (5), (b).
Congress included incentives in the risk and needs system to encourage participation
in a person’s assigned FSA-qualified programming and activities. See id. § 3632(a), (d).
Among these incentives are FTCs. Under the FSA, eligible people who successfully
complete their assigned programming and activities “shall earn 10 days of [FTCs] for every
30 days of successful participation” in FSA-qualified programming or activities. Id.
§ 3632(d)(4)(A)(i). Additionally, a person whom the BOP determines to be at a minimum
or low risk of recidivism, who does not increase their risk of recidivism over the course of
two consecutive assessments, “shall earn an additional 5 days of [FTCs] for every 30 days
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of successful participation” FSA-qualified programming or activities Id. §
3632(d)(4)(A)(ii).
FTCs “shall be applied toward time in pre-release custody or supervised release.”
Id. §§ 3632(d)(4)(c), 3624(g). Pre-release custody includes either placement at a
Residential Reentry Center (“RRC”) or on home confinement for the number of FTCs
earned. See id. § 3624(g)(2). Under the FSA, if a person’s sentence includes a period of
supervised release, the BOP may transfer that person from custody to begin their
supervised release term up to 12 months before their sentence otherwise ends. Id. §
3624(g)(3).
The BOP may apply earned FTCs toward pre-release custody or early transfer to
supervised release under § 3624(g) only if an eligible person has: (1) earned FTCs in an
amount that is equal to the remainder of their term of imprisonment; (2) shown a
demonstrated recidivism risk reduction through periodic risk assessments or maintained a
low or minimum recidivism risk; and (3) had the remainder of their term of imprisonment
computed under applicable law. Id. § 3624(g)(A)-(C).
Mr. Kennedy’s Petition Challenging the Calculation of His FTCs
Mr. Kennedy is eligible to earn FTCs under 18 U.S.C. § 3632(d). (Docs. 10 ¶ 4; 10-
2 at 1-3.) He has maintained a Low PATTERN score for his first six assessment periods
and was earning FTCs at a rate of 10 days for every 30 days of programming from January
11, 2023, to August 7, 2023. (Docs. 10 ¶¶ 6, 19; 10-2 at 2.) After August 7, 2023, Mr.
Kennedy began earning FTCs at a rate of 15 days for every 30 days of programming. (Docs.
10 ¶ 19; 10-2 at 2.) As of June 9, 2025, Mr. Kennedy has earned 360 days of FTCs toward
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early release to supervised release and zero days of FTCs toward prerelease transfer to an
RRC or home confinement. (Docs. 10 ¶ 20; 10-2 at 1.)
Mr. Kennedy filed this Petition on May 5, 2025. In it, he contends that he began
earning FTCs on the date of his sentencing—October 12, 2022—and should not have been
disallowed FTCs during an in-transit period between designated facilities from August 15,
2024, to November 12, 2024. (Doc. 1 at 2-4.) According to Mr. Kennedy, the BOP’s
calculation of his FTCs cuts against the FSA’s plain text. As a result, Mr. Kennedy asks
the Court to “recalculate” his “earned” FTCs “ensuring credits are applied from the date of
sentencing and during all periods of confinement, including while in-transit[.]” (Id. at 8.)
Respondent urges the Court to deny Mr. Kennedy’s Petition. (See generally Doc.
9.) It argues, first, that Mr. Kennedy has failed to exhaust his administrative remedies.
Second, it contends that FTCs are conditional under the FSA and thus are an untenable
basis for a habeas claim because the credits themselves are not a protected liberty interest.
Notwithstanding these procedural bars to habeas relief, Respondent argues that Mr.
Kennedy’s Petition should be denied because the BOP has correctly calculated Mr.
Kennedy’s FTCs. In Respondent’s estimation, Mr. Kennedy could not have completed any
FSA-qualified programming or activities until after he underwent the statutorily required
risk and needs assessment on January 11, 2023, nor did he complete any FSA-qualified
programming or activities while he was in transit from August 15, 2024, to November 12,
2024.
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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
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).
I. MR. KENNEDY’S PETITION SHOULD BE DENIED BECAUSE THERE IS
NO EVIDENCE HE PARTICPATED IN FSA-QUALIFIED
PROGRAMMING DURING THE RELEVANT TIME PERIODS.
Mr. Kennedy seeks a total of 1,635 days of FTCs for the time spent in federal
custody after his sentencing on October 12, 2022, until he arrived at FCI Herlong on
January 11, 2023, and the time he spent in transit between designated facilities from August
15, 2024, to November 12, 2024, before he arrived at FPC Duluth.3
3 By the Court’s calculation, the entire period of time in dispute totals 180 days, meaning
the most FTCs Mr. Kennedy could have earned during this period would be 90 days. Based
on his Petition, it appears that Mr. Kennedy’s reference to 1,635 days is the total amount
of credit Mr. Kennedy believes could be earned through the entirety of his sentence,
starting from the day he was sentenced and including the 4-plus years he has yet to serve.
(See Doc. 1 at 6.)
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Under the FSA, an individual who “successfully completes evidence-based
recidivism reduction programming or productive activities” may earn time credits. 18
U.S.C. § 3632(d)(4)(A) (emphasis added); Solberg v. Eischen, No. 23-cv-3568
(ECT/DTS), 2024 WL 3251713, at *2 (D. Minn. May 7, 2024), R. & R. adopted, 2024 WL
3086630 (D. Minn. June 21, 2024); Martinez v. Eischen, No. 24-cv-637 (KMM/DJF), 2024
WL 2002031, at *2 (D. Minn. Mar. 20, 2024), R. & R. adopted, 2024 WL 1598772 (D.
Minn. Apr. 12, 2024). In other words, a person must participate in FSA-qualified
programming or activities to earn FTCs. Solberg, 2024 WL 3251713, at *2. That cannot
happen prior to a PATTERN assessment. And after a person has undergone a PATTERN
assessment, the requirement to participate in FSA-qualified programing in order to earn
FTCs persists. But here, Mr. Kennedy provides no evidence to show that he participated in
any FSA-qualified programing or activities prior to January 11, 2023, or from August 15
to November 12, 2024.4 Respondent, however, has submitted a Declaration from Kyja
Winger, Unit Manager at FPC Duluth, which shows that neither before Mr. Kennedy’s
January 11, 2023 arrival at FCI Herlong, nor while he was in-transit between FCI Herlong
and FPC Duluth from August 15 to November 12, 2024, did he participate in any FSA-
qualified programming or activities or work detail. (Docs. 10 ¶¶ 17, 18; 10-7 at 1; 10-8 at
1; 10-9 at 1; 10-10 at 1; 10-11 at 1; 10-12; 10-13 at 1.) Because the record before the Court
does not show that Mr. Kennedy participated in any FSA-qualified programming or
4 Mr. Kennedy includes one sentence in his Reply brief alleging that he earned FTCs, but
not that he completed programming. (See Doc. 13 at 6 (“Petitioner lawfully earned FTCs
that BOP continues to withhold.”).)
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activities either before January 11, 2023, or from August 15, to November 12, 2024, his
claim that he ought to receive FTCs for those periods fails.
Mr. Kennedy nonetheless argues that his sentence should be reduced based on FTCs
he would have accrued during these time periods, arguing that the initial delay in his ability
to earn FTCs was due to “no fault of his own.” (Doc. 1 at 2.) But Mr. Kennedy has not
asked to receive FTCs for programming he has already completed during his pre-
assessment and transfer periods. He instead asks the Court to grant him FTCs without
evidence that he has successfully completed any FSA-qualified programming or activities
during the relevant periods. The Court cannot grant such relief. See 18 U.S.C. §
3632(d)(4)(A).
Because there is no evidence in the record to show that Mr. Kennedy participated in
FSA-qualified programing or activities before January 11, 2023, or from August 15, 2024,
to November 12, 2024, the Court concludes that Mr. Kennedy earned no FTCs during those
periods, and thus recommends that his Petition (Doc. 1) be denied.
II. NO EVIDENTIARY HEARING IS REQUIRED.
An evidentiary hearing is appropriate only when material facts are in dispute. Ruiz
v. Norris, 71 F.3d 1404, 1406 (8th 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 existing record,
and thus the Court finds no evidentiary hearing is necessary.
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RECOMMENDATION
Accordingly, based on all the files, records, and proceedings in this case, IT IS
RECOMMENDED that:
1. Petitioner Jamar Antron Kennedy’s Petition for Writ of Habeas Corpus (Doc.
1) be DENIED; and
2. This matter be DISMISSED WITH PREJUDICE.
Date: February 4, 2026 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).
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