Valladares v. Ray: In 2020, Valladares sold fentanyl and related substances to a friend who, after using them, died “from mixed drug intoxication.” Although he was initially charged with a count of distribution of a controlled substance causing death, Valladares eventually pleaded guilty to an information charging him with one count of simple distribution and two counts of possession with intent to distribute. The plea agreement stated that Valladares admitted that “he distributed controlled substances to the victim, and that the death of the victim resulted.” The death played a role in the Guideline calculations and Valladares was sentenced to three concurrent sentences of 144 months in prison.
In prison, Valladares sought to earn time credits under the First Step Act by participating in various programs. The Bureau of Prisons, however, concluded that Valladares was not eligible for such credit because the FSA excludes certain prisoners from its benefits, including those convicted of drug distribution “for which death . . . resulted from the use of such substance.” After unsuccessfully challenging the BOP conclusion administratively, Valladares filed a §2241 habeas corpus action, arguing the exclusion did not apply to him. The district court denied the motion.
The Fourth Circuit reversed. The primary issue was whether the “death resulting” exclusion could be based on underlying facts of the inmates case or whether it was required to be an element of the offence for which the inmate was convicted. Examining the plain meaning of the statute, the court concluded that a categorical approach applied and, therefore, if the offense of conviction did not have a death resulting element the inmate was not excluded from receiving FSA credit. Valladares, in spite of his initial charge and facts relevant to his sentencing, was not convicted of an offense that had a death resulting element, so he could receive credit.
Congrats to the FPD Office in Maryland on the win!
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