Sentencing: The First Step Act at the Supreme Court

Defendants bringing First Step Act cases during the 2025-2026 Supreme Court Term were unsuccessful. However, another FSA-based case is queued for the 2026-2027 Term. The Supreme Court granted certiorari in Maxwell v. Thomas. The question presented in Maxwell is “[w]hether a claim regarding application of time credits under the First Step Act of 2018 seeking accelerated transfer to a halfway house or home confinement, can be brought in a habeas petition under 28 U.S.C. § 2241.”