The Champion

May 2007 , Page 56 

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Full Good Time Credit for Concurrent Sentences

By Stephen R. Sady

Read more 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 g

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