Brief filed: 01/21/2010
Barber v. Thomas
United States Supreme Court; Case No. 09-5201
The text of 18 U.S.C. § 3624(B)(1) unambiguously requires that good time credits (GTCs) to be awarded for each year of the sentence imposed, not the time served; if the statute is ambiguous, the rule of lenity requires that the statute be construed in petitioners’ favor and precludes deference to the Bureau of Prisons’ interpretation. Moreover, correctly calculating the GTCs will conserve federal resources and reduce prison overcrowding.
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Jeffrey T. Green, Sidley Austin LLC, Washington, DC, et al.See also NACDL’s Good Time Credit page and Stephen R. Sady’s 2002 Champion article, Misinterpretation of the Federal Good Time Statute Costs Prisoners Seven Days Every Year.