Steve Bannon, an adviser to President Donald Trump and his campaign, was sentenced to four months in prison for contempt of Congress after he refused to cooperate with a January 6 Commission subpoena. He is destined to be released on October 29after serving his full 120-day sentence. Since the Federal Bureau of Prisons (BOP) has a number of ways to reduce prison time, many wonder why Bannon served his entire sentence at FCI Danbury in Connecticut.

Bannon, was sentenced to a low-security prison. There are four levels of prison security in the BOP; minimum, low, medium and high. Although Bannon had not been charged with a violent crime and had no criminal record, he had a pending case in New York. Bannon was accused in 2022 of defrauding donors who gave money to the nonprofit group We Build the Wall to build a wall on the US’s southern border. He pleaded not guilty to the charges, which included money laundering, conspiracy to defraud and conspiracy. The pending indictment, with a trial starting in December, asked the BOP to place Bannon in a low-security prison, which it did.

The BOP also has the ability to grant Good Conduct time, up to 54 days per year, outside of a sentence that lasts over a year. Bannon’s sentence was 4 months, so no good behavior time.

In addition to good behavior time, inmates can earn First step act credits by participating in productive programs while in prison. This can take up to 10 days per month of punishment… so Bannon could have earned 30 credits or a month off. While Bannon may have attended some programs to pass the time, he did not receive First Step Act credits because his 4-month sentence did not come with any supervised release after his sentence. As such, Bannon will serve all 120 days.

Finally, many inmates, even those at the highest security level, are eligible for the Second Chance Act which can place an inmate in the community, known as pre-release custody, for up to a year. Many inmates with shorter sentences get little or no time in the community even though they are eligible. However, Bannon’s pending indictment is once again creating problems for him, as he cannot be in community placement while he has a pending indictment.

There have been some stories on less reliable news outlets that Bannon was unfairly targeted by the BOP for holding him for his entire sentence…but the rules to keep him there are decades old.

If Bannon is convicted in the next case in New York, there is a clear case that he would go to a federal prison camp (minimum) next time. He will then be eligible for First Step Act credits (provided he receives a term of supervised release) Good Conduct Time and will be eligible for up to one year of pre-release custody.

If Bannon leaves again, he’ll be home sooner than you think.