Phoumara Todd Sok v. B. Eischen, FPC--Duluth Warden

United States Court of Appeals
For the Eighth Circuit
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No. 23-1025
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Phoumara Todd Sok
lllllllllllllllllllllPetitioner - Appellant
v.
B. Eischen, FPC--Duluth Warden
lllllllllllllllllllllRespondent - Appellee
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Appeal from United States District Court
for the District of Minnesota
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Submitted: July 27, 2023
Filed: August 17, 2023
[Unpublished]
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Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges.
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PER CURIAM.

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Phoumara Sok appeals the district court’s1 denial of his 28 U.S.C. § 2241
petition seeking to compel the Bureau of Prisons (BOP) to allow him to earn First
Step Act (FSA) time credits. In 2014, Sok pleaded guilty to three offenses and was
sentenced to three consecutive sentences, including a 60-month sentence for using
and carrying a firearm during and in relation to a drug trafficking crime, in violation
of 18 U.S.C. § 924(c)(1)(A)(i). The BOP aggregated his sentences and determined
he was ineligible to earn FSA credits based on his section 924(c) conviction. See 18
U.S.C. § 3632(d)(4)(D)(xxii). Sok argues that he has completed his sentence for the
section 924(c) offense and is therefore eligible to earn FSA credits against his other
two sentences.
Upon careful review, we conclude that the district court did not err in denying
Sok’s petition, as the BOP correctly treated his prison terms as a single aggregated
sentence for all 3 offenses, and therefore properly denied him FSA credits. See 18
U.S.C. § 3584(c) (multiple terms of imprisonment ordered to run consecutively or
concurrently shall be treated for administrative purposes as a single, aggregate term
of imprisonment); Spencer v. Haynes, 774 F.3d 467, 469 (8th Cir. 2014) (de novo
review of dismissal of § 2241 petition).
Accordingly, we deny Sok’s pending motion to hold the appeal in abeyance,
and we affirm. See 8th Cir. R. 47B.
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1The Honorable Eric C. Tostrud, United States District Judge for the District
of Minnesota, adopting the report and recommendations of the Honorable Leo I.
Brisbois, United States Magistrate Judge for the District of Minnesota.
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