Convicted drug kingpin, Shaheed ‘Roger’ Khan, who was jailed in October 2009 for up to 15 years is asking the US courts to release him early, based on new regulations.
The court is fast-tracking the hearings as in any case, he is due out in months.
Under the sentencing guidelines, Khan is supposed to be released by July 8th, 2019.
However, he is asking a Southern Florida court, to rule that he is entitled to additional good time credits, in keeping with the enacted First Step Act passed last year in the US.
Khan is making the petition via a writ of habeas corpus.
He is seeking an order from the court directing the Bureau of Prisons (BOP) to award him the credits.
It was ordered by the court that because of the nature of Khan’s claims, the case has to be fast-tracked and therefore the parties have to respond early.
The BOP’s lawyers have to notify the court within one week of receipt of the order, the name of the Assistant United States Attorney to whom the case is assigned.
On or before April 30, 2019, the BOP has to file a memorandum of fact and law to show cause why this petition should not be granted and shall file therewith all supporting documentation necessary for the resolution of this petition.
Khan’s lawyers tendered, in court documents, a notice to inmates, which informed them that on Friday, December 21, 2018, the President of the US, Donald Trump, signed into law new criminal justice legislation called the ”First Step Act’.
It was explained that this law requires the BOP to implement a number of changes.
“The agency is analyzing all the changes required, but taking careful note of which changes are effective immediately and which changes require additional action. We know that inmates and their families are particularly interested in the changes regarding good conduct time. The law will allow BOP in the future to apply 54 days of credit for every year a sentence was imposed, which is a change to the prior law.”
However, the notice had said that while this change may result in additional credit for inmates in the future, it is not effective immediately nor is it applicable to all inmates.
Khan was sentenced to 40 years’ imprisonment on three separate charges by US Judge, Dora Irizarry in 2009 after she accepted the plea bargain agreement; he had reached with prosecutors.
However, two of the sentences, 10 years for an illegal firearm possession charge, and 15 years for witness tampering, would have run concurrently with the other 15-year jail term.
Khan, who was arrested in Suriname and escorted to the United States of America in 2006, had entered a plea bargain deal with US prosecutors on March 16, 2009.
In addition to the jail time, Roger Khan will have had to undergo supervised release for five years although according to the judge, he is likely to be deported.
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