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Full Good Time Credit for Concurrent Sentences
By Stephen R. Sady
Grid & Bear It columns.
Guideline Section 5G1.3(b) and the BOP’s Mistaken Calculations
The profusion of federal and state task forces and the complexities of
dual prosecutions have magnified defense counsel’s role in assuring that
clients receive full credit against federal sentences. Pursuant to
Section 5G1.3(b) of the federal Sentencing Guidelines, courts can adjust
a sentence to achieve concurrency with a previously imposed related
state sentence. The federal Bureau of Prisons (“BOP”), however, does not
always award good conduct time (“GCT”) credit for that portion of the
total term of imprisonment served concurrently while in state custody,
erroneously treating the adjusted sentence as a departure. Absent
correction by the BOP through its administrative remedy process, the
sole relief for our clients is in the courts. An Oregon district court
recently granted relief, requiring GCT for the time in state custody.1
This article is intended to elaborate the legal arguments that will
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