How Do Fentanyl Charges And First Step Act Interact?
Can an inmate in federal prison with a fentanyl charge get benefits under the First Step Act (FSA)? There seems to be some confusion.
There are some fentanyl charges that actually are eligible. If your judgement & commitment(J&C) says 841(a), you’re eligible. If it says 841(b)(1)(B) or (b)(1)(A), you will not be eligible.
And, to be clear, it has to actually say that in your J&C.
What about the quantity of fentanyl in the charges?
Well, as most people don’t realize, the quantity on its own doesn’t matter. The bottom line is, if your statute of conviction is 841(a)(1), you can get First Step Act credit. The BOP will try to point out facts in the pre-sentence investigation report to deny First Step Act credit, but they cannot legally play the role of judge in this determination. They can only execute laws under the statute of conviction – so, your quantity doesn’t inherently matter.
Unless you are actually charged with an 841(b)(1)(B) or (b)(1)(A), you’re good.
If something’s not adding up and you think you should be getting First Step Act credit but aren’t, give us a call: 407-434-0175 during business hours, 7 days a week.