Two landmark rulings in April 2026 have fundamentally changed how First
Step Act (FSA) Earned Time Credits are calculated for thousands of federal
inmates.

For years, the Bureau of Prisons (BOP) has utilized a restrictive policy that effectively stripped
inmates of months, and sometimes years, of earned credits. By claiming that an inmate could
only begin earning credits after arriving at a designated federal facility and receiving a formal risk
assessment, the BOP created a period of “dead time” between sentencing and arrival. This
practice forced inmates to sit in local jails or transit centers without any recognition for their work
or programming. However, two recent appellate decisions—Benson v. Warden, FCI Edgefield and
Miles v. Bowers—have declared this practice unlawful.

In the Fourth Circuit case of Benson v. Warden, the court addressed the common BOP tactic of
ignoring credits for inmates with “Medium” or “High” recidivism risk scores. The court ruled that
credits are a tangible benefit that must be tracked and “banked” regardless of an inmate’s current
risk level. This ensures that if an inmate’s risk level drops later in their sentence, those early
credits are ready to be applied. More importantly, the court signaled that the BOP cannot use its
own administrative delays in conducting assessments as a reason to deny an inmate the ability to
earn credits from the moment they enter federal custody.

Simultaneously, the First Circuit issued its decision in Miles v. Bowers, which specifically targeted
the “geographical” excuse used by the BOP. The court held that a federal sentence—and therefore
the eligibility to earn FSA credits—commences the moment an inmate is received into custody
awaiting transportation to their designated prison. This means that work performed in a county

jail or state lockup, such as serving as a unit orderly or kitchen worker, must be counted as a
“Productive Activity” (PA) under the First Step Act. The ruling effectively eliminates the notion that
credits are only available within the walls of a formal BOP facility.
These decisions are legally significant because they rely on the “plain language” of the First Step
Act. The courts have noted that the statute mandates the BOP provide programming
opportunities throughout the entire term of incarceration. By refusing to recognize credits earned
during the transfer process, the BOP was essentially rewriting the law to suit its own
administrative convenience. These rulings strip away that convenience and return the focus to
the legislative intent: rewarding recidivism reduction efforts from day one.
The impact for inmates currently in the Fourth Circuit (MD, VA, WV, NC, SC) and First Circuit (ME,
MA, NH, PR, RI) is immediate. Inmates who spent significant time in “holdover” status at facilities
like Wyatt Detention Facility or local county jails post-sentencing now have a clear legal path to
demand those credits. This can result in release dates being moved up by months, finally giving
credit for the time spent waiting for the BOP to complete its designation process.
For those outside these specific circuits, these cases serve as “persuasive authority.” While a judge
in Florida or Texas is not strictly required to follow a Fourth Circuit ruling, the logic used in Benson
and Miles provides a powerful blueprint for defense attorneys to challenge the BOP nationwide.
As more circuits join this interpretation, the pressure on the BOP to change its national policy
increases, moving the entire federal system toward a more honest application of the First Step
Act.
Inmates and their families should take proactive steps to ensure these credits are recognized.
This includes filing administrative remedies (BP-9s) specifically citing these new 2026 rulings and
requesting an audit of time spent in local custody. It is no longer enough to wait for the BOP to
“do the right thing”; the courts have provided the tools necessary to force compliance and ensure
that no day of successful participation goes unrewarded.
Ultimately, the Benson and Miles decisions represent a major shift in the power dynamic between
the BOP and those in its care. By affirming that eligibility begins at sentencing and that credits
must be tracked regardless of current risk levels, the courts have protected the integrity of the
First Step Act. For any inmate looking to shave time off their sentence, these rulings are the most
important legal developments in recent years, turning “dead time” into a valuable head start on
their journey home.