Background
Jeffrey R. Jones pleaded guilty in 2021 to distributing 40 grams or more of a mixture or substance containing fentanyl, in violation of 21 U.S.C. § 841(a) and (b)(1)(B)(vi) and 18 U.S.C. § 2. He received a 150-month prison sentence.
In 2025, Jones petitioned for habeas relief under 28 U.S.C. § 2241, arguing that the Federal Bureau of Prisons had arbitrarily denied him time credits under the First Step Act. He contended that two statutory exclusions for fentanyl offenses—18 U.S.C. § 3632(d)(4)(D)(lxvi) and (lxviii)—conflicted or created ambiguity. The district court rejected that argument and held that his conviction made him ineligible under subsection (lxvi).
The Court’s Holding
The Seventh Circuit affirmed. Jones conceded that his conviction fell within § 3632(d)(4)(D)(lxvi), which disqualifies prisoners convicted of distributing a threshold quantity of a mixture or substance containing fentanyl. The court held that subsection (lxviii), which addresses offenses involving a detectable amount of fentanyl when the prisoner acted as an organizer, leader, manager, or supervisor, did not conflict with that exclusion.
The provisions cover different courses of conduct: subsection (lxvi) turns on the fentanyl quantity and provision of conviction, while subsection (lxviii) turns on the presence of fentanyl plus a leadership or supervisory finding. Although some prisoners may be ineligible under both provisions, failure to satisfy one exclusion does not create eligibility when another exclusion independently applies.
Key Takeaways
- A conviction under 21 U.S.C. § 841(b)(1)(B)(vi) for distributing at least 40 grams of a fentanyl-containing mixture independently bars First Step Act time-credit eligibility.
- The leadership-related exclusion in § 3632(d)(4)(D)(lxviii) does not narrow or override the quantity-based exclusion in subsection (lxvi).
- Overlap between separate statutory disqualifications does not create ambiguity or require that a prisoner satisfy every potentially applicable exclusion.
Why It Matters
The decision confirms that the First Step Act’s enumerated time-credit exclusions operate independently. A federal prisoner whose conviction falls within the fentanyl quantity provision cannot establish eligibility merely because the sentencing court made no leadership or supervisory finding under a different exclusion.