Perry McCullough v. Conrad Graber

I. Facts and Procedural History

In July 1990, McCullough was convicted by a jury of drug trafficking offenses and sentenced to 380 months imprisonment. On April 9, 2008, the Second Chance Act of 2007, Pub. L. No. 110-199 (the “SCA”) was signed into law. The SCA included the “[e]lderly and family reunification for certain nonviolent offenders pilot program,” which allowed BOP to remove “eligible elderly offenders” from a BOP facility and place them on home detention. See 42 U.S.C. MCCULLOUGH V . GRABER

§ 17541(g)(1). There are several requirements to qualify as an “eligible elderly offender,” including that the offender be at least 65 years of age, serving a non-life sentence for a non- violent and non-sex offense crime, and “has served the greater of 10 years or 75 percent of the term of imprisonment to which the offender was sentenced.” Id. at § 17541(g)(5).

McCullough applied to the elderly offender pilot program in early 2009, calculating that, if BOP considered his good time credits, he would be eligible for the pilot program in March 2010. BOP declined to consider McCullough’s good time credits and denied McCullough’s request, finding him ineligible for…