David O'DOnalD v. Tracy Johns, 402 F.3d 172 (3d Cir. 2005). · Go Syfert
David O'DOnalD v. Tracy Johns, 402 F.3d 172 (3d Cir. 2005). Cases Citing This Book View Copy Cite
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At page 174 Interpreting "term of imprisonment" in good-conduct time statute22 citing casesTo calculate [good-conduct time] based on the sentence imposed would allow an inmate to earn GCT for time he was not actually incarcerated.1 citing court put it this way · 20 listed here
  • Moreland v. Fed. Bureau of Prisons, 431 F.3d 180 (5th Cir. 2005).published 10 cites
    (To calculate [good-conduct time] based on the sentence imposed would allow an inmate to earn GCT for time he was not actually incarcerated.)
  • United States v. Gregory Polydore, 493 F. App'x 496 (5th Cir. 2012).unpublished 2 cites
    See Bernitt v. Martinez, 432 F.3d 868 , 869 (8th Cir. 2005); Sash, 428 F.3d at 136; Petty v. Stine, 424 F.3d 509, 510 (6th Cir. 2005); Brown v. McFadden, 416 F.3d 1271, 1272-73 (11th Cir. 2005); Yi, 412 F.3d at 533; O’Donald v. Johns, 402…
  • Wright v. Fed. Bureau of Prisons, 451 F.3d 1231 (10th Cir. 2006).published 2 cites
    See Bernitt v. Martinez, 432 F.3d 868 , 869 (8th Cir.2005); Sash, 428 F.3d at 136 ; Petty v. Stine, 424 F.3d 509, 510 (6th Cir.2005); Brown v. McFadden, 416 F.3d 1271, 1272-73 (11th Cir.2005); Yi, 412 F.3d at 533 ; O'Donald v. Johns, 402 F…
  • Yraida Leonides Guanipa v. Warden Carlyle Holder, 181 F. App'x 932 (11th Cir. 2006).unpublished
    Yi, 412 F.3d at 535 ; O'Donald v. Johns, 402 F.3d 172, 174 (3d Cir.2005), pet. for cert. filed (Jan. 3, 2006) (05-8504); Perez-Olivo, 394 F.3d at 53-54 .
  • Bernitt v. Martinez, 432 F.3d 868 (8th Cir. 2005).published 4 cites
    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.…
  • Eliot S. Sash v. Michael Zenk, 428 F.3d 132 (2d Cir. 2005).published 2 cites
    See Perez-Olivo, 394 F.3d at 51 (holding that § 3624(b) is ambiguous under Chevron step one); O’Donald v. Johns, 402 F.3d 172, 174 (3d Cir.2005) (same); Yi, 412 F.3d at 533 (same); White v. Scibana, 390 F.3d 997, 1002 (7th Cir.2004) (same)…
  • Dixon v. Holt, 146 F. App'x 593 (3d Cir. 2005).unpublished
    The outcome of this appeal is controlled by our recent decision in O’Donald v. Johns, 402 F.3d 172, 174 (3d Cir.2005).
  • Vargas-Crispin v. Zenk, 376 F. Supp. 2d 301 (E.D.N.Y. 2005).published
    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. Hemingw…
  • Jeffrey A. Brown v. Christopher Erlewine, 416 F.3d 1271 (11th Cir. 2005).published
    See Yi v. Federal Bureau of Prisons, 412 F.3d 526, 533 , 2005 WL 1413897, at *7 (4th Cir. June 17, 2005); O’Donald v. Johns, 402 F.3d 172, 174 (3d Cir.2005); Perez-Olivo v. Chavez, 394 F.3d 45 , 52-53 (1st Cir.2005); White v. Scibana, 390…
  • Sabil M. Mujahid v. Charles A. Daniels, 413 F.3d 991 (9th Cir. 2005).published 2 cites
    Regulations such as the one at issue here “gives the public sufficient warning to ensure that 7 See also O’Donald v. Johns, 402 F.3d 172, 174 (3d Cir. 2005) (per curiam) (citing Pacheco-Camacho in rejecting petitioner’s rule of lenity anal…
Show 10 more citing cases
  • Yi v. Adams, No. 04-6891 (4th Cir. June 17, 2005).published 3 cites
    O’Donald, 402 F.3d at 174 (internal citation omitted).
  • David Yi v. Fed. Bureau of Prisons Vanessa P. Adams, 412 F.3d 526 (4th Cir. 2005).published 3 cites
    O’Donald, 402 F.3d at 174 (internal citation omitted).
  • Simmons v. Fed. Bureau of Prisons, 128 F. App'x 903 (3d Cir. 2005).unpublished
    O’Donald , at 174.
  • Jones v. Ortiz, No. 1:19-cv-00451 (D.N.J. June 5, 2019).unpublished
    (court was obligated to defer to BOP’s reasonable interpretation of ambiguous statute by calculating GCT based on time actually served)
  • Espigh v. United States, 251 F. App'x 758 (3d Cir. 2007).unpublished 2 cites
    See O’Donald v. Johns, 402 F.3d 172, 174 (3d Cir.2005).
  • Thomas v. United States, 229 F. App'x 202 (3d Cir. 2007).unpublished 2 cites
    See O’Donald v. Johns, 402 F.3d 172, 174 (3d Cir.2005).
  • Carlucci v. Holt, 153 F. App'x 844 (3d Cir. 2005).unpublished
    See O’Donald v. Johns, 402 F.3d 172, 174 (3d Cir.2005) (per curiam), reh’g denied (order entered October 4, 2005).
  • Nye v. Fed. Bureau of Prisons, 137 F. App'x 509 (3d Cir. 2005).unpublished
    See O’Donald v. Johns, 402 F.3d 172, 174 (3d Cir.2005).
  • Dontas v. Holt, 132 F. App'x 980 (3d Cir. 2005).unpublished
    See O’Donald v. Johns, 402 F.3d 172, 174 (3d Cir.2005), citing Chevron, U.S.A., Inc. v. Natural Res.
  • Harris v. Nash, 132 F. App'x 405 (3d Cir. 2005).unpublished
    See O’Donald v. Johns, 402 F.3d 172, 174 (3d Cir.2005).
At page 173 Challenging bureau of prisons good conduct time calculation7 citing casesstating that "BOP utilizes a formula for calculating GCT which takes into account the fact that an inmate's time actually served becomes incrementally shorter each year as he is awarded GCT1 citing court put it this way · 6 listed here
  • Moreland v. Fed. Bureau of Prisons, 431 F.3d 180 (5th Cir. 2005).published 10 cites
    R. 47.5.4 20 18 U.S.C. § 3624 (b)(1) (emphasis added) 21 Id. 22 Id. 23 See Yi v. Fed. Bureau of Prisons, 412 F.3d 526, 532 (4th Cir.2005) (noting that section 3624 "assumes that the prisoner has been incarcerated during the year, such that…
  • Robert William Petty v. D.L. Stine, 424 F.3d 509 (6th Cir. 2005).published 2 cites
    Bureau of Prisons, 412 F.3d 526 (4th Cir.2005) (unpublished); O’Donald v. Johns, 402 F.3d 172, 173-74 (3d Cir.2005); Perez-Olivio v. Chavez, 394 F.3d 45 , 47-54 (1st Cir.2005); and White v. Scibana, 390 F.3d 997, 999-1003 (7th Cir.2004), c…
  • United States v. Richard Wittman, 139 F. App'x 759 (8th Cir. 2005).unpublished
    Appx. 758, 759 (8th Cir. 2005) (unpublished per curiam) (finding § 3624(b) ambiguous, because it does not clearly indicate whether prisoner’s good-time credit should be based on time served in prison or on sentence imposed, and holding tha…
  • Raymond Chestnut v. Warden Lewisburg USP, 592 F. App'x 112 (3d Cir. 2015).unpublished
    (stating that "BOP utilizes a formula for calculating GCT which takes into account the fact that an inmate's time actually served becomes incrementally shorter each year as he is awarded GCT)
  • Luis De La Cruz v. Donna Zickefoose, 450 F. App'x 123 (3d Cir. 2011).unpublished
    (regarding calculation of good time credits)
  • Panek v. Apker, 155 F. App'x 60 (3d Cir. 2005).unpublished
    See O’Donald v. Johns, 402 F.3d 172, 173 (3d Cir.2005), rehearing en banc denied (order entered October 4, 2005).
Other citing cases11 with no pin cite or quoted language on record
Show 1 more citing case
Retrieving the full opinion text from the archive…
David O’DONALD, Appellant
v.
Tracy JOHNS, Warden
04-2990.
Court of Appeals for the Third Circuit.
Mar 22, 2005.
Published opinion
402 F.3d 172
2005 U.S. App. LEXIS 4618
2005 WL 647669
David O’Donald, Loretto, PA, pro se., Bonnie R. Schlueter, Office of United States Attorney, Pittsburgh, PA, for Ap-pellee.
Sloviter, Barry, Fisher.
Cited by 111 opinions  |  Published
Pinpoint authority: bottom 88%
Citer courts: Third Circuit (1)

OPINION OF THE COURT

PER CURIAM.

David O’Donald appeals from the District Court’s order denying his habeas cor[*173] pus petition filed under 28 U.S.C. § 2241. In his habeas petition, O’Donald challenges the calculation of his good conduct time (“GCT”) by the Bureau of Prisons (“BOP”). For the following reasons, we will affirm the District Court’s order.

O’Donald is currently incarcerated at the Federal Correctional Institution in Loretto, Pennsylvania, serving a federal sentence of 144 months for armed bank robbery. According to the BOP, O’Donald is eligible under the applicable statute, 18 U.S.C. § 3624(b), to earn up to 564 days of GCT. Under its calculation of GCT, the BOP projects O’Donald’s release date as May 4, 2007.

After exhausting administrative remedies, O’Donald challenged the BOP’s calculation of his GCT by filing a habeas corpus petition in the District Court. In his habe-as petition, O’Donald argues that the BOP’s calculation of his GCT deprives him of the amount to which he is entitled by statute. O’Donald asserts that § 3624(b) allows him to earn up to 54 days per year of the term of sentence imposed, not 54 days per year of time actually served as the BOP’s calculation provides.

The Magistrate Judge to whom the case was assigned disagreed with O’Donald and recommended denying his habeas corpus petition. After receiving O’Donald’s objections, the District Court adopted the Magistrate Judge’s report and recommendation and denied O’Donald’s petition. O’Donald appeals. [1]

The version of § 3624(b) applicable to O’Donald provided in relevant part:

A prisoner who is serving a term of imprisonment of more than one year, other than a term of imprisonment for the duration of his life, shall receive credit toward the service of the prisoner’s sentence, beyond the time served, of fifty-four days, at the end of each year of his term of imprisonment, beginning at the end of the first year of the term, unless the Bureau of Prisons determines that, during that year, he has not satisfactorily complied with such institutional disciplinary regulations as have been approved by the Attorney General and issued to the prisoner.... 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.

18 U.S.C. § 3624(b) (effective Nov. 1, 1987).

The BOP interprets the statute as allowing 54 days of GCT “for each year served.” 28 C.F.R. § 523.20. To effectuate its interpretation of the statute, the BOP utilizes a formula for calculating GCT which takes into account the fact that an inmate’s time actually served becomes incrementally shorter each year as he is awarded GCT. See White v. Scibana, 390 F.3d 997, 999-1000 (7th Cir.2004) (explaining the BOP’s formula).

O’Donald argues that the plain language of the statute requires the BOP to calculate GCT based on the sentence imposed, not time served. He points to the phrase “term of imprisonment” as clear indication that the statute unambiguously requires calculation of GCT based on the sentence imposed rather than time served. [2] The[*174] BOP, on the other hand, argues that the phrase unambiguously refers to time served.

We disagree with both contentions. In our view, it is unclear whether the phrase “term of imprisonment,” as used several times in § 3624(b), refers to the sentence imposed or time served. The final sentence quoted above appears to refer to time served. Moreover, § 3624(b) establishes a process of awarding GCT at the end of each year of imprisonment based on an inmate’s behavior while incarcerated. As an inmate earns GCT each year, his overall time to serve is reduced. To calculate GCT based on the sentence imposed would allow an inmate to earn GCT for time he was not actually incarcerated. See White, 390 F.3d at 1002. This unseemly result would frustrate the process and militates against finding that the phrase “term of imprisonment” unambiguously refers to the sentence imposed. Id. at 1002. On the other hand, we cannot agree with the BOP that the phrase unambiguously refers to time served. As used initially in the opening sentence of § 3642(b), the phrase appears to refer to the sentence imposed. We thus conclude that the meaning § 3624(b) is ambiguous in this regard. See Perez-Olivo v. Chavez, 394 F.3d 45, 52 (1st Cir.2005); White, 390 F.3d at 1002-03; Pacheco-Camacho v. Hood, 272 F.3d 1266, 1270 (9th Cir.2001).

Because the meaning of § 3624(b) is ambiguous, we must defer to the BOP’s interpretation if it is reasonable. See Chevron, U.S.A., Inc. v. Natural Res. Def. Council, 467 U.S. 837, 844, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984); Stiver v. Meko, 130 F.3d 574, 577 (3d Cir.1997). We agree with the First, Seventh, and Ninth Circuits that the BOP’s interpretation is reasonable. [3] See Perez-Olivo, 394 F.3d at 53; White, 390 F.3d at 1003; Pacheco-Camacho, 272 F.3d at 1270-71. In particular, we agree that the BOP’s interpretation comports with the language of the statute, effectuates the statutory design, establishes a “fair prorating scheme,” enables inmates to calculate the time they must serve with reasonable certainty, and prevents certain inmates from earning GCT for time during which they were not incarcerated. Pacheco-Camacho, 272 F.3d at 1270-71.

O’Donald’s remaining argument is that if § 3624(b) is ambiguous, the District Court should have applied the rule of lenity and resolved the ambiguity in his favor. This argument lacks merit. We do not resort to the rule of lenity where, as here, we can otherwise resolve the ambiguity of the statute. See Caron v. United States, 524 U.S. 308, 316, 118 S.Ct. 2007, 141 L.Ed.2d 303 (1998); Pacheco-Camacho, 272 F.3d at 1271-72.

In short, the District Court properly rejected O’Donald’s challenge to the BOP’s calculation of GCT. Accordingly, we will affirm the District Court’s order denying his habeas corpus petition.

1

. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a). We exercise plenary review over the District Court’s legal conclusions and apply a clearly erroneous standard to its findings of fact. See Ruggiano v. Reish, 307 F.3d 121, 126 (3d Cir.2002).

2

. To the extent that O’Donald relies on the District Court’s opinion in White v. Scibana, 314 F.Supp.2d 834 (W.D.Wis.2004), the Seventh Circuit reversed the District Court’s decision. See White, 390 F.3d at 1003. We are also aware of Williams v. Dewalt, 351 F.Supp.2d 412 (D.Md. 2004), in which the[*174] District Court ruled that § 3624(b) is not ambiguous and that the BOP’s calculation is improper. For the reasons explained herein, however, we disagree with Williams’ analysis and conclusions.

3

. To date, no other Court of Appeals has answered this question in a published opinion.