ERIN L. WIEDEMANN, Magistrate Judge.
Currently before the Court is Defendant's pro se
On November 17, 2010, Defendant was sentenced to 135 months imprisonment, 5 years supervised release, and a $15,000.00 fine after pleading guilty to possession with intent to distribute 50 grams or more of methamphetamine. (Docs. 32, 45.) Defendant's sentence was subsequently reduced to 120 months imprisonment pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. Amendments 782 and 788. (Docs. 77-79.) In the motion currently before the Court, Defendant states that he is scheduled to be released to a halfway house on August 22, 2019, but under the "Good Time Fix" Amendment, he should be eligible to enter the halfway house on June 14, 2019. Defendant states that he requested the warden of his facility to adjust his good-time credit, but the warden stated that good-time credits would not be recalculated until the effective date of the Amendment.
Section 102(b)(1) of the First Step Act of 2018 amended 18 U.S.C. § 3624(b)(1) to change the manner in which good time credits are calculated by increasing the maximum allowable days from 47 to 54 per year. This provision of the First Step Act, however, did not go into immediate effect. Under § 102(b)(2) of the Act, the good-time credit change will not take effect until the "Attorney General completes and releases the risk and needs assessment system," which is anticipated to occur in July 2019. Until that time, the Bureau of Prisons ("BOP") lacks authority to exceed the 47 days of good-time credit allowable under effective law.
Once the good-time credit change takes effect, Defendant must first seek a recalculation of his good-time through the BOP. Once the Defendant has exhausted his administrative remedies with the BOP, he may then seek judicial review of the BOP's determination by filing a habeas petition under 28 U.S.C. § 2241 in either the district where he is confined (the Western District of Pennsylvania), in the United States District Court for the District of Columbia, or in any district in which the BOP maintains a regional office.
Accordingly, the undersigned recommends
IT IS SO ORDERED.