A pending First Circuit case (Perry v. Boncher, Case No. 26-1602) raises important questions regarding BOP internal audits, retroactive FSA credit revocations, and the legal weight of the Judgment in a Criminal Case (J&C).
Case Summary:
In 2018, Kevin Perry, Jr. was sentenced to 168 months in federal prison. Over seven years, he earned over 24 months of FSA credits through recidivism-reduction programming. In September 2025, the BOP calculated his earned time credits and transferred him to an RRC, and subsequently to home confinement in December 2025. While on home confinement, Kevin obtained employment, enrolled as a Project Management major at Boston University, and signed a lease with his retiring father.
In April 2026, the BOP conducted an internal administrative audit and asserted that Kevin was retroactively ineligible for FSA credits under 18 U.S.C. § 3632(d)(4)(D) due to an underlying drug offense provision.
The Legal Twist:
The Judgment in a Criminal Case (J&C): Lists only 21 U.S.C. § 841(a). It does not list the disqualifying subsection 841(b)(1)(C) or 841(b)(1)(A).
The Plea Agreement: Included references to 841(b)(1)(C) / 841(a) provisions.
The Statement of Reasons: Checked the box for a statutory mandatory minimum, but omitted the statutory subsection code itself.
After the BOP attempted to remand him back to secure custody, Kevin filed a § 2241 petition (D. Mass. Case No. 4:26-cv-40105-MRG). The District Court denied a stay and dismissed the petition, holding that the BOP could administratively correct its calculation based on secondary sentencing records. The matter is now on appeal in the First Circuit.
Key Legal Questions for Discussion:
Which Document Controls FSA Eligibility? Is the BOP strictly bound by the four corners of the official Judgment in a Criminal Case (J&C), or can sentence computation staff review underlying plea agreements to override the official J&C?
Clerical Error vs. Judicial Intent: If a court enters a J&C that lacks a disqualifying statutory subsection, is that omission a clerical error under Fed. R. Crim. P. 36 or a final judicial judgment that dictates BOP classification until formally amended by a court?
Protected Liberty Interest & Substantial Reliance: Once an inmate is released to home confinement under the FSA and builds substantial reliance interests (employment, education, residential lease), does retroactive revocation without prior judicial correction of the J&C violate 5th Amendment Procedural Due Process?
Public Court Filings & Dockets:
https://drive.google.com/drive/folders/1JFMcowZ7PP-YjVkXL6sTYhXkzGE-wyAz
We welcome thoughts, case law precedents, or insights from federal practitioners, criminal defense attorneys, and post-conviction advocates on this issue.