NACDL - Bonnie v. Dunbar

Bonnie v. Dunbar

Brief of Amici Curiae Due Process Institute and National Association of Criminal Defense Lawyers in Support of Petitioner-Appellant and Supporting Reversal

Brief filed: 11/27/2024

Documents

Bonnie-v-Dunbar-Brief.pdf

Bonnie v. Dunbar

4th Circuit Court of Appeals; Case No. 24-6665

Argument(s)

The Bureau of Prisons (“BOP”) has improperly interpreted the First Step Act of 2018 (“FSA”) to deny thousands of prisoners credits earned through rehabilitation programs, unlawfully extending their imprisonment and frustrating Congress’s intent to reduce federal prison costs. 18 U.S.C. § 3632(d)(4)(D) states that a prisoner is ineligible for such credits if they are “serving a sentence for a conviction under any of” sixty-eight enumerated offenses. When a prisoner like Mr. Bonnie is serving consecutive sentences—one for a listed crime, one for an unlisted crime—BOP treats the entire combined term as ineligible. This interpretation conflicts with the Act’s history, purpose, and structure.