Inmate Cannot Receive First Step Act Credit If Any Part of Sentence Is For Excluded Offense

Bonnie v. Dunbar: In 2005, Bonnie pleaded guilty to a drug offense and using a firearm in relation to that offense under 18 U.S.C. §924(c). He began serving a term of supervised release in 2017. In 2021, he was sentenced to 120 months in prison on new drug charges, as well as a consecutive term of 24 months in prison for revocation of his term of supervised release. Bonnie sought time credits under the First Step Act, which the Bureau of Prisons denied because §924(c) sentences (which Bonnie’s revocation was) were ineligible for such credits, rendering his entire sentence ineligible. Bonnie sought relief in the district court, which was denied.

On appeal, a divided Fourth Circuit affirmed the denial of Bonnie’s motion in the district court. The issue was how to handle aggregate sentences which included both eligible First Step Act offenses – Bonnie’s new drug sentence – and ineligible ones – Bonnie’s revocation (§924(c)) sentence. The court rejected Bonnie’s arguments that his sentences should be treated separately, relying on 18 U.S.C. §3584(c), which requires the BOP to treat multiple terms of imprisonment as “a single, aggregate term of imprisonment.” The court also noted that the First Step Act eligibility provision excludes “a prisoner” with certain convictions, not “a sentence.”

Judge Wynn dissented, arguing that the “text and purpose of the First Step Act . . . makes clear” that Bonnie is entitled to time credits on the eligible portion of his sentence.