The First Step Act was supposed to reward rehabilitation from the start of a federal sentence. But in practice, many federal prisoners have lost months of potential earned time credits because they were held in county jails, private detention centers, holdover facilities, or other non-designated locations after sentencing while waiting for BOP designation and transport.

The Bureau of Prisons often took the position that First Step Act earned time credits could not begin until the prisoner arrived at a designated BOP institution and received a formal risk-and-needs assessment. That meant a person could be sentenced, placed in federal custody, work as an orderly, complete programming, stay discipline-free, and still receive no FSA credit for that period.

That position is now under serious legal attack. In Benson v. Warden FCI Edgefield, No. 24-6713 (4th Cir. Apr. 22, 2026), and Miles v. Bowers, No. 25-1291 (1st Cir. Apr. 27, 2026), federal appellate courts addressed whether the BOP may categorically refuse to consider FSA credits earned after sentencing but before arrival at a designated BOP facility.

The answer emerging from these cases is simple but powerful: BOP delay should not erase a prisoner’s First Step Act opportunity.

What Are First Step Act Earned Time Credits?

First Step Act earned time credits, often called FSA credits or ETCs, are credits eligible federal prisoners can earn by successfully participating in Evidence-Based Recidivism Reduction Programs and Productive Activities. These credits may help move a person earlier into prerelease custody, including a halfway house, home confinement, or supervised release when the statutory requirements are met.

Under 18 U.S.C. § 3632(d)(4)(A), eligible prisoners generally earn:

• 10 days of credit for every 30 days of successful participation; or
• 15 days of credit for every 30 days if the prisoner qualifies for the additional credit based on minimum or low recidivism risk and other statutory requirements.

These credits are separate from Good Conduct Time, RDAP early release, Second Chance Act placement, and ordinary halfway house recommendations. That is why accurate FSA calculation matters. A BOP error can cost a person weeks, months, or more in custody.

Related reading: First Step Act Time Credit Calculator and 130+ First Step Act Programs That Earn Federal Prison Time Credits.

The Problem: BOP Has Treated Post-Sentencing Jail Time as “Dead Time”

Many federal prisoners do not go directly from sentencing to a federal prison. They may remain in a county jail, a private detention facility, a state facility, or a federal holdover location while waiting for designation, transport, additional proceedings, or resolution of other cases.

During that time, some prisoners work. Some complete educational programs. Some participate in jail-based classes. Some serve as orderlies, kitchen workers, unit workers, or mentors. But when they later arrive at a BOP institution, the BOP may say: “None of that counts.”

The reason usually sounds bureaucratic: the prisoner had not yet received the BOP’s risk-and-needs assessment, had not yet arrived at the designated institution, or had not yet been assigned official BOP-approved programming.

That is the “dead time” problem. The sentence has started. The person is in custody. The person may be doing productive work. But the BOP refuses to count the period for First Step Act purposes.

What Happened in Benson v. Warden FCI Edgefield?

In Benson, the petitioner was sentenced in December 2020 but did not arrive at FCI Edgefield until March 2022. Before arriving at the designated BOP facility, he alleged that he participated in First Step Act programming and earned approximately 150 days of credits. The BOP refused to recognize those credits because he had not yet received the BOP risk-and-needs assessment.

The district court dismissed the case without requiring a government response. The Fourth Circuit vacated and remanded.

This is important. The Fourth Circuit did not simply rubber-stamp the BOP’s position. Instead, the court recognized that the case was not moot because the credits could still matter, even if they would be “banked” for later application depending on risk level, warden approval, or statutory eligibility.

The Fourth Circuit also made clear that, after Loper Bright Enterprises v. Raimondo, courts should not automatically defer to the BOP’s interpretation just because the BOP wrote a regulation. The court must independently decide whether the BOP’s interpretation reflects the best reading of the First Step Act.

What Happened in Miles v. Bowers?

Miles is even more direct. Arthur Miles was sentenced in federal court and then spent approximately fifteen months in a county jail before arriving at a federal facility. During that time, he worked as an orderly. The BOP refused to award First Step Act credit for that period.

The First Circuit vacated the dismissal of his habeas petition and held that the BOP could not simply ignore the entire post-sentencing county-jail period because Miles had not yet arrived at a designated BOP facility.

The key principle is straightforward: if a federal sentence has commenced, and the person can prove successful participation in qualifying programming or productive activity, the BOP may have to evaluate that period instead of categorically denying it.

That matters for prisoners who spent months in local custody after sentencing. It also matters for lawyers preparing sentencing records, designation requests, administrative remedies, and habeas petitions under 28 U.S.C. § 2241.

Why These Cases Matter for Federal Prisoners Nationwide

The First Circuit covers Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island. The Fourth Circuit covers Maryland, Virginia, West Virginia, North Carolina, and South Carolina.

For prisoners housed or litigating within those circuits, these cases may provide direct authority. For prisoners outside those circuits, the cases may still be persuasive authority. That means they can be used to argue that the BOP’s national policy is inconsistent with the First Step Act’s text and purpose.

These cases are especially important for prisoners who:

• Were sentenced but remained in a county jail or detention center for months;
• Worked as an orderly, kitchen worker, unit worker, or other productive assignment after sentencing;
• Completed classes, programming, religious programming, education, or reentry preparation after sentencing;
• Did not receive a BOP risk-and-needs assessment until months after sentencing;
• Have “missing” FSA credits on their sentence computation; or
• Were told by BOP staff that credits only begin after arrival at a designated institution.

This Does Not Mean Every Person Automatically Gets Credits

Families should be careful. These cases are powerful, but they do not mean every prisoner automatically receives First Step Act credits for every day after sentencing.

The prisoner will still need to show several things:

1. The federal sentence had commenced. This usually requires analysis under 18 U.S.C. § 3585(a).
2. The person was eligible to earn FSA credits. Some convictions are excluded by statute.
3. The activity qualifies as an EBRR program or Productive Activity. Not every jail activity will qualify.
4. The participation can be documented. Records matter. Work logs, certificates, jail records, counselor notes, and declarations can be critical.
5. The credits can legally be applied. Application may depend on risk level, immigration detainers, disciplinary history, and release-planning rules.

The legal fight is not just about emotion. It is about building a record the BOP cannot ignore and a court can review.

What Families Should Do Now

If your loved one spent time in local custody after sentencing, do not assume the BOP calculated everything correctly. Many FSA errors are not obvious from the public inmate locator. They may only appear in the sentence computation, FSA worksheet, team notes, or the prisoner’s internal records.

Families should begin gathering:

• Judgment and commitment order;
• Sentencing date and custody history;
• Designation and arrival date at the BOP facility;
• Jail work records or job assignment records;
• Programming certificates from county jail or detention facility;
• Disciplinary history;
• Current PATTERN risk level;
• FSA time credit calculation sheet, if available;
• Unit team responses about missing credits; and
• Any BP-8, BP-9, BP-10, or BP-11 administrative remedy paperwork.

Related reading: 2025 First Step Act Statistics: How Federal Inmates Are Earning Early Release.

The Administrative Remedy Process Still Matters

Before filing a federal habeas petition under 28 U.S.C. § 2241, prisoners are usually expected to exhaust the BOP administrative remedy process. That process generally includes:

• BP-8: informal resolution attempt;
• BP-9: formal request to the warden;
• BP-10: regional appeal; and
• BP-11: central office appeal.

The administrative remedy should not simply say, “I want my credits.” It should identify the sentencing date, the custody location, the programs or productive activities completed, the number of days at issue, the BOP’s refusal to count the period, and the legal basis for reconsideration under Benson, Miles, 18 U.S.C. § 3632(d)(4), and 18 U.S.C. § 3621(h)(6).

A weak administrative remedy can create problems later. A strong one builds the record for relief.

How Prison Law Firm Can Help

Prison Law Firm helps federal prisoners, families, and attorneys review BOP sentence calculations, First Step Act earned time credit issues, administrative remedies, and early release planning.

When a person may have missing FSA credits from post-sentencing jail time, we can help evaluate:

• Whether the sentence had legally commenced;
• Whether the person is eligible to earn First Step Act credits;
• Whether the activities performed may qualify as EBRR programs or Productive Activities;
• Whether documentation exists to prove participation;
• Whether administrative remedies should be filed or supplemented;
• Whether a § 2241 habeas petition may be appropriate; and
• How missing credits could affect halfway house, home confinement, or supervised release timing.

Bottom Line

The First Step Act was designed to reward rehabilitation, reduce recidivism, and move eligible people toward home sooner. The BOP’s old approach turned months of post-sentencing custody into dead time. The 2026 decisions in Benson and Miles give prisoners and lawyers new tools to challenge that result.

These cases do not eliminate the need for proof. They do not guarantee automatic release. But they do make one thing clear: the BOP cannot avoid the First Step Act simply by delaying designation, delaying assessment, or refusing to look at what a prisoner actually did after sentencing.

For some families, that difference could mean months closer to home.