Sample v. Morrison, 406 F.3d 310 (5th Cir. 2005). · Go Syfert
Sample v. Morrison, 406 F.3d 310 (5th Cir. 2005). Cases Citing This Book View Copy Cite
“it is plain from the statute that an inmate must earn good time credit.”
107 citation events (107 in the last 25 years) across 15 distinct courts.
Strongest positive: Moreland v. Federal Bureau of Prisons (ca5, 2005-11-14)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Moreland v. Federal Bureau of Prisons (10×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
5th Cir. · 2005 · quote attribution · 1 verbatim quote · confidence high
it is plain from the statute that an inmate must earn good time credit.
cited Cited as authority (rule) Arilson P. C. v. Warden, Port Isabel Service Processing Center, et al.
S.D. Tex. · 2026 · confidence medium
One “essential component[]” of “federal subject-matter jurisdiction” is “ripeness.” Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005).
cited Cited as authority (rule) D'Arcangelo v. The Funded Trader LLC
W.D. Tex. · 2025 · confidence medium
Tex. 2011) (stating that “standing is a species of subject matter jurisdiction” (citing, inter alia, Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005)).
cited Cited as authority (rule) Pierce v. Mackie Wolf Zientz & Mann, P.C.
W.D. Tex. · 2025 · confidence medium
Tex. 2011) (stating that “standing is a species of subject matter jurisdiction” (citing, inter alia, Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005)).
cited Cited as authority (rule) Laird v. Spencer
5th Cir. · 2025 · confidence medium
(TOC), Inc., 528 U.S. 167, 185 (2000))). 66 Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005) (per curiam). 67 MCG, Inc. v. Great W.
discussed Cited as authority (rule) Hernandez v. Warden (2×)
W.D. Tex. · 2024 · confidence medium
Sample v. Morrison, 406 F.3d 310, 313 (5th Cir. 2005) (citing 18 U.S.C. § 3624 (b)); Hassan v. Hijar, No. EP-23-CV-41-KC, 2023 WL 1769207 , at *3 (W.D.
cited Cited as authority (rule) Ryan LLC v. Federal Trade Commission
N.D. Tex. · 2024 · confidence medium
“The appropriate starting point when interpreting any statute is its plain meaning.” Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005).
discussed Cited as authority (rule) Kennedy v. Biden
W.D. La. · 2024 · confidence medium
LAW AND ANALYSIS A. General Law on Standing Article III of the United States Constitution limits federal courts’ jurisdiction to “cases” and “controversies.” Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005) (citing U.S. Const. art.
cited Cited as authority (rule) Ryan LLC v. Federal Trade Commission
N.D. Tex. · 2024 · confidence medium
“The appropriate starting point when interpreting any statute is its plain meaning.” Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005).
cited Cited as authority (rule) State of Louisiana v. U S Dept of Education
W.D. La. · 2024 · confidence medium
The United States Constitution, via Article III, limits federal courts’ jurisdiction to “cases” and “controversies.” Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005) (citing U.S. Const. art.
cited Cited as authority (rule) Inhance Technologies v. EPA
5th Cir. · 2024 · confidence medium
“The appropriate starting point when interpreting any statute is its plain meaning.” Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005).
discussed Cited as authority (rule) Kennedy v. Biden
W.D. La. · 2024 · confidence medium
A. Standing Article III of the United States Constitution limits federal courts’ jurisdiction to “cases” and “controversies.” Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005) (citing U.S. Const. art.
discussed Cited as authority (rule) Martinez v. Rosalez
5th Cir. · 2024 · confidence medium
See Lopez v. Davis, 531 U.S. 230, 242 (2001) (holding that the BOP’s reasonable interpretation of the statute governs as long as it has “filled the statutory gap in a way that is reasonable in light of the legislature’s revealed design”) (internal quotations omitted); Sample v. Morrison, 406 F.3d 310, 313 (5th Cir. 2005) (agreeing that BOP’s interpretation of 18 U.S.C. § 3624 was permissible).
cited Cited as authority (rule) Petlechkov v. United States
N.D. Tex. · 2023 · confidence medium
Sample v. Morrison, 406 F.3d 310, 313 (5th Cir. 2005) (citing 18 U.S.C. § 3624 (b)); Hassan v. Hijar, No. EP-23-CV-41-KC, 2023 WL 1769207 , at *3 (W.D.
cited Cited as authority (rule) Cincinnati Insurance Company v. Crimson Building Company LLC
N.D. Tex. · 2023 · confidence medium
Tex. Sept. 19, 2011) (citing Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005)).
discussed Cited as authority (rule) Air Products Blue Energy, LLC v. Livingston Parish Government
M.D. La. · 2022 · confidence medium
Last, Defendants recast their 12(b)(1) argument as a 12(b)(6) motion in the final paragraphs of their brief, arguing that because Plaintiff has pled insufficient facts to show 42 Lopez v. City of Houston, 617 F.3d 336, 341 (5th Cir. 2010) (citing Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005) (per curiam)). 43 Abbott Labs. v. Gardner, 387 U.S. 136, 148 (1967). 44 Lopez, 617 F.3d at 341 (citing Texas v. United States, 497 F.3d 491, 498 (5th Cir. 2007), cert. denied, 129 S. Ct. 32 (2008)). 45 Susan B.
discussed Cited as authority (rule) Falcetta v. Rosalez
W.D. Tex. · 2022 · confidence medium
“Thus, the BOP lacks authority to grant GCT credit until the prisoner has served at least one year of his term of imprisonment.” Schleining v. Thomas, 642 F.3d 1242, 1247 (9th Cir. 2011); see also Ford v. Chapman, 371 F. App’x 513, 514 (5th Cir. 2010) (“Under our case law, 18 U.S.C. § 3624 (b) ‘makes clear that good time credit must be earned by a prisoner on an annual basis; it is not awarded in advance.’”) (quoting Sample v. Morrison, 406 F.3d 310, 313 (5th Cir. 2005)).
cited Cited as authority (rule) Louisiana Fair Housing Action Center, Inc. v. Azalea Garden Properties, LLC
E.D. La. · 2022 · confidence medium
Sample v. Morrison, 406 F.3d 310, 312 (2005) (citing United Transp.
examined Cited as authority (rule) Bay Area Unitarian Universalist Church v. Paxton (3×) also: Cited "see"
S.D. Tex. · 2021 · confidence medium
See Warth v. Seldin, 422 U.S. 490, 498 (1975); Sample v. Morrison, 406 F.3d 310, 312 (Sth Cir. 2005).
discussed Cited as authority (rule) Cleveland Imaging & Surgical Hospital, L.L.C.
Bankr. S.D. Tex. · 2021 · confidence medium
Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005) (citing Sommers Drug Stores Co. Emp.
cited Cited as authority (rule) Imperial 290 Hospitality Group, LLC
S.D. Tex. · 2021 · confidence medium
Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005).
cited Cited as authority (rule) Women's Elevated Sober Living LLC v. City of Plano, Texas
E.D. Tex. · 2020 · confidence medium
Loan v. Crum, 907 F.3d 199, 202 (5th Cir. 2018) (citing Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005)), the Court can consider standing at this stage, see FED.
discussed Cited as authority (rule) Gruver v. State of Louisiana through the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College
M.D. La. · 2019 · confidence medium
In those cases, when the government erects a barrier making it more difficult for members of one group to obtain a benefit than it is for members of another group, the injury in fact is the inability to seek benefits on equal footing.70 Therefore, to establish standing in these circumstances, a 66 Brooks v. Georgia Pacific, L.L.C., No. 16-0676, 2017 WL 1534219 at *2 (citing Cadle Co. v. Neubauer, 562 F.3d 369, 374 (5th Cir. 2009) (citation omitted)). 67 Id. at *3 (citing Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005)). 68 Pederson, 213 F.3d at 869 (quoting Sierra Club v. Peterson, 185 F…
cited Cited as authority (rule) Tu Nguyen v. Bank of America, N.A.
5th Cir. · 2018 · confidence medium
Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005).
discussed Cited as authority (rule) Residents Against Flooding v. Reinvestment Zone Number Seventeen
S.D. Tex. · 2017 · confidence medium
“Since standing and ripeness are essential components of federal subject-matter jurisdiction, the lack of either can be raised at any time by a party or by the court.” Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005) (per curiam).
discussed Cited as authority (rule) Terrence Brown v. Cheron Nash (2×) also: Cited "see"
5th Cir. · 2017 · confidence medium
Sample v. Morrison, 406 F.3d 310, 311-12 (5th Cir. 2005).
cited Cited as authority (rule) Rossy Salazar v. Jose Maimon
5th Cir. · 2014 · confidence medium
Sample v. Morrison, 406 F.3d 310, 312 (5th Cir.2005).
cited Cited as authority (rule) Mark Abdelhak v. City of San Antonio
5th Cir. · 2013 · confidence medium
Sample v. Morrison, 406 F.3d 310, 312 (5th Cir.2005).
cited Cited as authority (rule) Hoyt v. City of El Paso
W.D. Tex. · 2012 · confidence medium
Flast v. Cohen, 392 U.S. 83, 95 , 88 S.Ct. 1942 , 20 L.Ed.2d 947 (1968); Sample v. Morrison, 406 F.3d 310, 312 (5th Cir.2005).
discussed Cited as authority (rule) In Re: Jillian Morrison, L.L.C
5th Cir. · 2012 · confidence medium
“Since standing and ripeness are essential components of federal subject-matter jurisdiction, the lack of either can be raised at any time by a party or by the court.” Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005) (per curriam).
discussed Cited as authority (rule) Jillian Morrison, L.L.C. v. Sonia
5th Cir. · 2012 · confidence medium
“Since standing and ripeness are essential components of federal subject-matter jurisdiction, the lack of either can be raised at any time by a party or by the court.” Sample v. Morrison, 406 F.3d 310, 312 (5th Cir.2005) (per curiam).
discussed Cited as authority (rule) Osherow Ex Rel. Estate of Rhinesmith v. Wells Fargo Home Mortgage, Inc. (In Re Rhinesmith)
Bankr. W.D. Tex. · 2011 · confidence medium
See Cadle Co. v. Neubauer, 562 F.3d 369, 371 (5th Cir.2009); Sample v. Morrison, 406 F.3d 310, 312 (5th Cir.2005) (noting that “standing and ripeness are essential elements of federal subject-matter jurisdiction”).
discussed Cited as authority (rule) Westerngeco L.L.C. v. Ion Geophysical Corp.
S.D. Tex. · 2011 · confidence medium
“Ripeness is a component of subject matter jurisdiction, because a court has no power to decide disputes that are not yet justiciable.” Lopez v. City of Houston, 617 F.3d 336, 342 (5th Cir.2010) (citing Sample v. Morrison, 406 F.3d 310, 312 (5th Cir.2005)) (per curiam).
discussed Cited as authority (rule) Steven Montague v. John Fox (2×) also: Cited "see"
5th Cir. · 2010 · confidence medium
In Sample v. Morrison, 406 F.3d 310, 312 (5th Cir.2005), we held that, where the prisoner was not claiming he was immediately eligible for release, we lacked subject matter jurisdiction over the appeal of his § 2241 petition challenging the BOP’s calculation of GCT credit under § 3624(b).
cited Cited as authority (rule) American Southern Insurance v. Buckley
E.D. Tex. · 2010 · confidence medium
Ill § 2; Sample v. Morrison, 406 F.3d 310, 312 (5th Cir.2005).
discussed Cited as authority (rule) Roark & Hardee LP v. City of Austin
5th Cir. · 2008 · confidence medium
Ctr. for Individual Freedom v. Carmouche, 449 F.3d 655 , 659 (5th Cir. 2006) (citing Bissonet Invs., L.L.C. v. Quinlan, 320 F.3d 520, 522 (5th Cir. 2003); Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005)).
discussed Cited as authority (rule) Roark & Hardee LP v. City of Austin
5th Cir. · 2008 · confidence medium
Ctr. for Individual Freedom v. Carmouche, 449 F.3d 655 , 659 (5th Cir.2006) (citing Bissonnet Invs., L.L.C. v. Quinlan, 320 F.3d 520, 522 (5th Cir.2003); Sample v. Morrison, 406 F.3d 310, 312 (5th Cir.2005)).
discussed Cited as authority (rule) Targa Midstream Services Ltd. Partnership v. K-Sea Transportation Partners, L.P.
S.D. Tex. · 2007 · confidence medium
Part 67 (“Part 67”), and that even if Part 64 applies, Part 64 provides Targa a reasonable time to mark the platform. 14 A. Part 64 Establishes Targa’s Duty to Mark Its Sunken Obstruction Whbe the starting point of interpreting a regulation is the regulation’s language, the court must also examine the “design of the [regulation] as a whole.” Sample v. Morrison, 406 F.3d 310, 312 (5th Cir.2005).
discussed Cited as authority (rule) Robinson v. Reese (2×) also: Cited "see"
5th Cir. · 2007 · confidence medium
In Sample v. Morrison, 406 F.3d 310, 312 (5th Cir.2005), this court held that it lacked subject matter jurisdiction over the appeal of a prisoner’s § 2241 petition, wherein the petitioner, like Robinson, argued that the BOP was miscalculating his good time credit under § 3624(b).
discussed Cited as authority (rule) Ornelas v. Justice
5th Cir. · 2006 · confidence medium
In Sample v. Morrison, 406 F.3d 310, 312 (5th Cir.2005), we held that we lacked subject-matter jurisdiction over the appeal of a prisoner’s § 2241 petition that, like Ornelas’s, alleges that the BOP was miscalculating his good time credit under § 3624(b).
cited Cited as authority (rule) Roberts v. Smith
5th Cir. · 2006 · confidence medium
In Sample v. Morrison, 406 F.3d 310, 312-13 (5th Cir.2005), this court rejected the precise arguments that Roberts now advances.
discussed Cited as authority (rule) Center for Individual Freedom v. Carmouche (2×)
5th Cir. · 2006 · confidence medium
Because of the sensitive nature of constitutionally protect- 2 See Bissonnet Invs., LLC v. Quinlan, 320 3 F.3d 520, 522 (5th Cir. 2003); Sample v. Morri- Exceptions include circumstances where third- son, 406 F.3d 310, 312 (5th Cir. 2005). party standing is appropriate. 3 ed expression, we have not required that all that meaning is an expression of preference of of those subject to overbroad regulations one candidate over another candidate, then the risk prosecution to test their rights . . . . underlying contributions and expenditures We have fashioned this exception to the should be reported…
discussed Cited as authority (rule) Bernitt v. Martinez
8th Cir. · 2005 · confidence medium
Bureau of Prisons, 412 F.3d 526, 533-34 (4th Cir.2005) (same); Sample v. Morrison, 406 F.3d 310, 313 (5th Cir.2005) (per curiam) (same); O'Donald v. Johns, 402 F.3d 172, 174 (3d Cir.2005) (per curiam) (same); Perez-Olivio v. Chavez, 394 F.3d 45 , 51-53 (1st Cir.2005) (same); White v. Scibana, 390 F.3d 997, 999-1003 (7th Cir.2004) (same), cert. denied, ___ U.S. ___, 125 S.Ct. 2921 , 162 L.Ed.2d 297 (2005); Pacheco-Camacho v. Hood, 272 F.3d 1266, 1270-71 (9th Cir.2001) (same), cert. denied, 535 U.S. 1105 , 122 S.Ct. 2313 , 152 L.Ed.2d 1067 (2002). 3 Appellants' remaining argument is that, even i…
cited Cited as authority (rule) John v. Jeter
5th Cir. · 2005 · confidence medium
Sample v. Morrison, 406 F.3d 310, 312 (5th Cir.2005).
discussed Cited as authority (rule) Green v. Jeter
5th Cir. · 2005 · confidence medium
In Sample v. Morrison, 406 F.3d 310, 312-13 (5th Cir.2005), for the claim Green advances, the appeal was dismissed for lack of subject-matter jurisdiction because the petition was not ripe for review.
discussed Cited as authority (rule) Eliot S. Sash v. Michael Zenk, Federal Bureau of Prisons
2d Cir. · 2005 · confidence medium
See Perez-Olivo, 394 F.3d at 52-53 (holding that the BOP’s interpretation of § 3624(b) is reasonable); O’Donald, 402 F.3d at 174 (same); Yi, 412 F.3d at 534 (same); White, 390 F.3d at 1003 (same); Pacheco-Camacho, 272 F.3d at 1272 (same); Brown, 416 F.3d at 1273 (same); Sample v. Morrison, 406 F.3d 310, 313 (5th Cir.2005) (suggesting that the Fifth Circuit would have held the BOP’s interpretation of § 3624(b) reasonable if it had reached the question).
cited Cited as authority (rule) Tatu v. Rasbeary
5th Cir. · 2005 · confidence medium
In Sample v. Morrison, 406 F.3d 310, 312-13 (5th Cir.2005), this court rejected a similar challenge to the BOP’s method of calculating good time credit.
cited Cited as authority (rule) Bounds v. Reese
5th Cir. · 2005 · confidence medium
We note, however, that we rejected a similar challenge to the BOP’s method of calculating good time credit in the recent decision, Sample v. Morrison, 406 F.3d 310, 312-13 (5th Cir.2005).
discussed Cited as authority (rule) Vargas-Crispin v. Zenk
E.D.N.Y · 2005 · confidence medium
See Perez-Olivo v. Chavez, 394 F.3d 45 (1st Cir.2005); O’Donald v. Johns, 402 F.3d 172, 174 (3d Cir.2005); Yi v. Federal Bureau of Prisons, 412 F.3d 526 (4th Cir.2005); Sample v. Morrison, 406 F.3d 310, 313 (5th Cir.2005); Brown v. Hemingway, 53 Fed.Appx. 338 (6th Cir.2002) (unpublished); White v. Scibana, 390 F.3d 997, 1001 (7th Cir.2004); James v. Outlaw, 126 Fed.Appx. 758 (8th Cir.2005) (unpublished); Pacheco-Camacho v. Hood, 272 F.3d 1266, 1268 (9th Cir.2001); see also Garcia v. Zenk, 2005 WL 950640 , 2005 U.S. Dist.
discussed Cited as authority (rule) David Yi v. Federal Bureau of Prisons Vanessa P. Adams, Warden of Fci-Petersburg, the Office of the Federal Public Defender, Amicus Supporting (2×)
4th Cir. · 2005 · confidence medium
See White, 390 F.3d at 1002 (“[I]t is impossible to make sense of 18 U.S.C. § 3624 while giving the phrase ‘term of imprisonment’ one meaning throughout.”); see also O’Donald v. Johns, 402 F.3d 172, 174 (3d Cir.2005) (per curiam) (“[I]t is unclear whether the phrase ‘term of imprisonment,’ as used several times in § 3624(b), refers to the sentence imposed or time served.”); Sample v. Morrison, 406 F.3d 310, 312 (5th Cir.2005) (per curiam) (rejecting, in dicta, contention that GCT statute requires computation of credit based upon “sentence imposed”); Perez-Olivo v. Chave…
Retrieving the full opinion text from the archive…
Brandon Creighton SAMPLE, Petitioner-Appellant,
v.
Marvin MORRISON, Warden, Respondent-Appellee
04-40698.
Court of Appeals for the Fifth Circuit.
Apr 7, 2005.
406 F.3d 310
F. Clinton Broden, Broden & Mickelsen, Dallas, TX, for Sample., Michael Wayne Lockhart, Beaumont, TX, for Morrison.
Davis, Smith, Dennis.
Cited by 61 opinions  |  Published
PER CURIAM:

In 2001, Brandon Creighton Sample, now a federal prisoner (# 33939-037), pleaded guilty to money laundering and other offenses and was sentenced to a total of 168 months in prison. He allegedly has been in custody since May 28, 2000. Sample filed the instant 28 U.S.C. § 2241 habe-as petition asserting that the Bureau of Prisons (“BOP”) is calculating his good time credit in a manner contrary to 18 U.S.C. § 3624(b). He argued that the statute requires that a prisoner be awarded “54 days” of credit for each year of his prison term, as imposed by the court, whereas the BOP is computing such credit based on each year served, which will allegedly result in his receiving 98 fewer days of good time credit over the course of his prison term. The district court denied Sample relief, concluding that the BOP’s regulatory construction of any ambiguity in 18 U.S.C. § 3624(b) was permissible under the standard of Chevron U.S.A. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984). See 28 C.F.R. § 523.20.

Whether Sample’s sentence is computed on the basis of the BOP’s inter[*312] pretation of 18 U.S.C. § 3624(b) or his own, Sample will not be. eligible for release before 2012. Moreover, the statute makes clear that good time credit must be earned by a prisoner on an annual basis; if is not awarded in advance. See 18 U.S.C. § 3624(b). Article III of the United States Constitution limits federal courts’ jurisdiction to “cases” and “controversies.” U.S. Const. art. III, § 2. In order to give meaning to Article III’s case-or-controversy requirement, the courts have developed justiciability doctrines, such as the standing and ripeness doctrines. United Transp. Union v. Foster, 205 F.3d 851, 857 (5th Cir.2000); see also Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). Since standing and ripeness are essential components of federal subject-matter jurisdiction, the lack of either can be raised at any time by a party or by the court. Sommers Drug Stores Co. Emp. Profit Sharing Trust v. Corrigan, 883 F.2d 345, 348 (5th Cir.1989); see also Cinel v. Connick, 15 F.3d 1338, 1341 (5th Cir.1994). “Ripeness is a justiciability doctrine designed ‘to prevent the courts, through avoidance of premature adjudication, from entangling themselves in abstract disagreements over administrative policies, and also to protect the agencies from judicial interference until an administrative decision has been formalized and its effects felt in a concrete way by the challenging parties.’ ” National Park Hospitality Ass’n v. Department of Interior, 538 U.S. 803, 807-08, 123 S.Ct. 2026, 155 L.Ed.2d 1017 (2003) (citation omitted).

Given the temporally distant and speculative nature of Sample’s claim, his allegations do not establish that “he ‘will sustain immediate injury’ and ‘that such injury would be redressed by the relief requested.’ ” See Cinel, 15 F.3d at 1341 (citation omitted). Accordingly, we conclude that Sample’s 28 U.S.C. § 2241 petition is not ripe for review, and we DISMISS the instant appeal for lack of subject-matter jurisdiction.

Even if we were to assume ar-guendo that we have subject-matter jurisdiction, we would conclude that the district court did not err in denying Sample’s 28 U.S.C. § 2241 petition. Issues of statutory interpretation are reviewed de novo. See United States v. Santos-Riviera, 183 F.3d 367, 369 (5th Cir.1999). The appropriate starting point when interpreting any statute is its plain meaning. See United States v. Ron Pair Enters., Inc., 489 U.S. 235, 242, 109 S.Ct. 1026, 103 L.Ed.2d 290 (1989). “In ascertaining the plain meaning of the statute, the court must look to the particular statutory language at issue, as well as the language and design of the statute as a whole.” K Mart Corp. v. Cartier, Inc., 486 U.S. 281, 291, 108 S.Ct. 1811, 100 L.Ed.2d 313 (1988).

Section 3624(b)(1), 18 U.S.C., reads in its entirety as follows:

Subject to paragraph (2), a prisoner who is serving a term of imprisonment of more than 1 year other than a term of imprisonment for the duration of the prisoner’s life, may receive credit toward the service of the prisoner’s sentence, beyond the time served, of up to 54 days at the end of each year of the prisoner’s term of imprisonment, beginning at the end of the first year of the term, subject to determination by the Bureau of Prisons that, during that year, the prisoner has displayed exemplary compliance with institutional disciplinary regulations. Subject to paragraph (2), if the Bureau determines that, during that year, the prisoner has not satisfactorily complied with such institutional regulations, the prisoner shall receive no .such credit toward service of the prisoner’s sentence or shall receive [*313] stick lesser credit as the Bureau determines to be appropriate. In awarding credit under this section, the Bureau shall consider whether the prisoner, during the relevant period, has earned, or is making satisfactory progress toward earning, a high school diploma or an equivalent degree. Credit that has not been earned may not later be granted. Subject to paragraph (2), credit for the last year or portion of a year of the term of imprisonment shall be prorated and credited within the last six weeks of the sentence.

(emphasis added). *

We disagree with Sample’s contention that the “plain language” of 18 U.S.C. § 3624(b)(1) requires that his good time credit be computed in a manner that would award him “54 days” for each year of his “term of imprisonment” based on the “sentence actually imposed by the sentencing judge.” It is plain from the statute that an inmate must earn good time credit; the statute grants the BOP itself the power to determine whether or not, during a given year, the inmate has complied with institutional disciplinary rules. Good time credit thus is not awarded in advance, and any entitlement to such credit for future years is speculative at best. The statute also plainly states that a prisoner cannot earn any good time credit until he has served at least one year of his prison term. At that time, and thereafter “at the end of each year” of the inmate’s prison term, he “may” be awarded “up to 54 days” of good time credit. The plain effect of such annual awards is to reduce an inmate’s prison term incrementally while he is serving it. For instance, if Sample were to receive annual awards of 54 days of credit until 2012, his sentence by that time would be several hundred days shorter than the 168-month term imposed by the court. The statute, however, contains no language that would permit him to receive additional good time credit based on the original prison term “as imposed” by the court, and it provides no method for computing such credit.

If this statutory language does not “plainly” support the BOP’s computation method, then it is at worst ambiguous. If the statute is ambiguous, deference to the BOP’s interpretation thereof is required by Chevron. At least two sister circuits have so held, and they have concluded that the BOP’s interpretation was permissible. See White v. Scibana, 390 F.3d 997, 1002-03 (7th Cir.2004); Pacheco-Camacho v. Hood, 272 F.3d 1266, 1270-71 (9th Cir.2003). We agree with the reasoning of White and Pacheco-Camacho. Accordingly, even if were to conclude that the case is ripe for review, we would affirm the judgment of the district court.

Sample’s pro se motion for appointment of counsel is DENIED as moot because he is now represented by pro bono counsel.

DISMISSED FOR LACK OF SUBJECT-MATTER JURISDICTION; MOTION DENIED.

*

Section 3624(b)(2), to which subsection (b)(1) refers three times, merely states that, "[n]ot-withstanding any other law, credit allowed under this subsection after the date of enactment of the Prison Litigation Reform Act [in 1996] shall vest on the date the prisoner is released from custody.”