I submitted a 28 USC Section 2241 Petition claiming that the exclusions from the First Step Act of 2018’s Earned Time Credits are unconstitutional under the 5th Amendment for violating Due Process and Equal Treatment principles; citing to the “irrebuttable presumption” doctrine.
I cited Supreme Court cases going back to the 70’s and 80’s to support the idea that irrebuttable presumption applies here, as well as citing a number of Supreme Court precedent stating that when a parole statute carries mandatory awarding of “time credits” that it provides a liberty interest cognizable under the irrebuttable presumption doctrine.
During the course of adversarial proceedings, I also presented caselaw from t he 11th Circuit Court of Appeals that states that when a person challenges a provision of an underlying statute, administrative remedy exhaustion is due to be excused – and I pointed out that Supreme Court precedent has agreed with this determination for more than 50 years.
I also presented that the 11th Circuit has stated outright that the Prison Litigation Reform Act does not apply to Habeas Corpus filings.
These two judges determined that an unpublished per curiam holding (Blevins) of the 11th Circuit that directly contradicts the published, binding precedent that I presented. This unpublished case has now been cited in dozens of 2241 petitions nationwide and has infected prisoner’s ability to assert their rights under both the FSA of 2018 and the 5th Amendment as it pertains to time credits.
My habeas petition is case no. 2:23-cv-08 (S.D.Ga)
Please look into this and expose their practice of bad law.
Thank You,
-Christopher D Cobb
P.S.: You have my full permission to utilize my name and all information provided in the above referenced case in any manner needed to publish these issue in a public forum.
