Sample v. Morrison.U.S. Appeals Court GOOD TIME CREDIT Sample v. Morrison, 406 F.3d 310 (5th Cir. 2005). A federal prisoner filed a habeas corpus habeas corpus (hā`bēəs kôr`pəs) [Lat.,=you should have the body], writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a petition asserting as·sert tr.v. as·sert·ed, as·sert·ing, as·serts 1. To state or express positively; affirm: asserted his innocence. 2. To defend or maintain (one's rights, for example). that the Bureau of Prisons (BOP) was calculating his good time credit in a manner that was contrary to the federal prisoner release statute. The district court denied relief and the prisoner appealed. The appeals court dismissed for lack of subject matter jurisdiction. The appeals court held that the petition was not ripe for judicial review and that in any event, the BOP's interpretation of the statute was entitled en·ti·tle tr.v. en·ti·tled, en·ti·tling, en·ti·tles 1. To give a name or title to. 2. To furnish with a right or claim to something: to Chevron deference. The court held that the phrase "term of imprisonment Imprisonment See also Isolation. Alcatraz Island former federal maximum security penitentiary, near San Francisco; “escapeproof.” [Am. Hist.: Flexner, 218] Altmark, the German prison ship in World War II. [Br. Hist. " in the statute that permitted a federal prisoner to earn up to 54 days of good time credit at the end of each year of the prisoner's term of imprisonment was ambiguous, in that it could mean either the sentence imposed or the actual time served in prison. The court accorded deference to the BOP interpretation, which awarded credit for each year served in prison. (Federal Bureau of Prisons Noun 1. Federal Bureau of Prisons - the law enforcement agency of the Justice Department that operates a nationwide system of prisons and detention facilities to incarcerate inmates sentenced to imprisonment for federal crimes BoP , Texas) |
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