Sabil M. Mujahid v. Charles A. Daniels, Warden, 413 F.3d 991 (9th Cir. 2005). · Go Syfert
Sabil M. Mujahid v. Charles A. Daniels, Warden, 413 F.3d 991 (9th Cir. 2005). Cases Citing This Book View Copy Cite
177 citation events (177 in the last 25 years) across 30 distinct courts.
Strongest positive: Antonio Aguirre Villa v. Warden Tony Normand, et al. (gasd, 2025-10-16) · Strongest negative: Carlson v. Bowers (mad, 2025-09-30)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Carlson v. Bowers
D. Mass. · 2025 · signal: but see · confidence high
See, e.g., Herndon v. Upton, 985 F.3d 443, 446-48 (5th Cir. 2021); Rhodes v. Judiscak, 676 F.3d 931, 935 (10th Cir. 2012); Burkey v. Marberry, 556 F.3d 142, 148-50 (3d Cir. 2009); but see Mujahid v. Daniels, 413 F.3d 991, 993-95 (9th Cir. 2005).
discussed Cited as authority (verbatim quote) Antonio Aguirre Villa v. Warden Tony Normand, et al.
S.D. Ga. · 2025 · quote attribution · 1 verbatim quote · confidence high
if a 2241 petition must be transferred every time the petitioner is transferred, it is doubtful that the case would ever be decided.
discussed Cited as authority (verbatim quote) Gonzalez v. Herrera
9th Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a habeas petitioner remains in the custody of the united states while on supervised release.
discussed Cited as authority (verbatim quote) Michael Allen v. Richard Ives
9th Cir. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the 'possibility' that the sentencing court would use its discretion to reduce a term of supervised release . . . was enough to prevent the petition from being moot.
examined Cited as authority (verbatim quote) Michael Allen v. Richard Ives (2×)
9th Cir. · 2020 · quote attribution · 2 verbatim quotes · confidence high
the 'possibility' that the sentencing court would use its discretion to reduce a term of supervised release under 18 u.s.c. 3583 (e)(2) was enough to prevent the petition from being moot.
examined Cited as authority (verbatim quote) Michael Allen v. Richard Ives (2×)
9th Cir. · 2020 · quote attribution · 2 verbatim quotes · confidence high
the 'possibility' that the sentencing court would use its discretion to reduce a term of supervised release under 18 u.s.c. 3583 (e)(2) was enough to prevent the petition from being moot.
examined Cited as authority (verbatim quote) (HC) Barnes v. Ahern
E.D. Cal. · 2019 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
a habeas petitioner remains in the 4 custody of the united states while on supervised release. . . . jurisdiction attaches on the initial 5 filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and the 6 accompanying custodial change.
discussed Cited as authority (verbatim quote) Perry McCullough v. Conrad Graber
9th Cir. · 2013 · quote attribution · 1 verbatim quote · confidence high
an appeal is moot 'when, by virtue of an intervening event, a court of appeals cannot grant any effectual relief whatever in favor of the appellant.
discussed Cited as authority (verbatim quote) Tablada v. Thomas
9th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
the 'possibility' that the sentencing court would use its discretion to reduce a term of supervised release under 18 u.s.c. 3583 (e)(2) was enough to prevent the petition from being moot
discussed Cited as authority (verbatim quote) United States v. Strong
9th Cir. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
the 'possibility' that the sentencing court would use its discretion to reduce a term of supervised release . . . was enough to prevent the petition from being moot.
discussed Cited as authority (rule) United States v. Ochoa
9th Cir. · 2025 · confidence medium
But “the ‘possibility’ that the district court may exercise its discretion at a future proceeding to reduce a term or modify the conditions of supervised release under 18 U.S.C. § 3583 (e) is sufficient to prevent the case from being moot.” United States v. Livar, 108 F.4th 738, 743 (9th Cir. 2024) (quoting Mujahid v. Daniels, 413 F.3d 991, 995 (9th Cir. 2005)).
discussed Cited as authority (rule) Nimesh Shah v. Collette S. Peters, BOP Director, et al.
S.D. Cal. · 2025 · confidence medium
(See Doc. 14 at 3 (citing Mujahid v. Daniels, 413 F.3d 991, 994 (9th Cir. 2005).) 26 However, the record before the Court reflects that Petitioner was released from custody 27 and placed on a three-year term of supervised release on December 6, 2022. 3 Petitioner has calculated that he should have received a total of 300 days of FSA credits. 28 l spend while on supervised release.”’). 2 Petitioner may file a supplemental brief in response by December 29, 2025. 3 IT IS SO ORDERED. 4 || Dated: December 16, 2025 Fe Bo Gs ?
discussed Cited as authority (rule) Dustin Joseph v. Warden, FCI-Mendota
E.D. Cal. · 2025 · confidence medium
“Under the Chevron framework, a reviewing court first determines if 13 Congress has directly spoken to the precise question at issue, in such a way that the intent of 14 Congress is clear.” Mujahid v. Daniels, 413 F.3d 991, 997 (9th Cir. 2005) (internal quotations 15 omitted) (quoting Pacheco-Camacho v. Hood, 272 F.3d 1266, 1268 (9th Cir. 2001) (quoting 16 Chevron, 467 U.S. at 843 internal quotations and citations omitted)).
discussed Cited as authority (rule) (HC) Brewer v. FCI Mendota, Warden
E.D. Cal. · 2025 · confidence medium
Here, the 5 original petition and the FAP were properly filed in this Court naming Petitioner’s immediate 6 custodian, the Warden of FCI Mendota. “[J]urisdiction attaches on the initial filing for habeas 7 corpus relief, and it is not destroyed by a transfer of the petitioner and the accompanying 8 custodial change.” Mujahid v. Daniels, 413 F.3d 991, 994 (9th Cir. 2005) (quoting Francis v. 9 Rison, 894 F.2d 353, 354 (9th Cir. 1990)).
discussed Cited as authority (rule) Shah v. Peters
S.D. Cal. · 2025 · confidence medium
The Court need not resolve this 28 1 As the Government acknowledges, under Ninth Circuit precedent, “an individual may still 2 bring a habeas petition under section 2241 even after being released from custody if they 3 are still on supervised release and there is a possibility that the individual could receive a 4 reduction in his or her term of supervised release.” (Doc. 6 at 4 (citing Mujahid v. Daniels, 5 413 F.3d 991, 994 (9th Cir. 2005)).) Because Petitioner is alleging that he has been denied 6 FSA credits and is asking the Court to apply them to reduce his term of supervised release…
discussed Cited as authority (rule) United States v. Keith Gartenlaub
9th Cir. · 2024 · confidence medium
“Under the ‘law of the case’ doctrine, a court is ordinarily precluded from reexamining an 1 Although Gartenlaub has been released from custody, “a habeas petitioner remains in the custody of the United States while on supervised release.” Mujahid v. Daniels, 413 F.3d 991, 994 (9th Cir. 2005). 2 issue previously decided by the same court, or a higher court, in the same case.” United States v. Jingles, 702 F.3d 494, 499 (9th Cir. 2012) (internal quotations and citations omitted).
cited Cited as authority (rule) Jackson v. Chestnut
D. Nev. · 2024 · confidence medium
Thus, he “properly complied 12 with habeas procedure.” Mujahid v. Daniels, 413 F.3d 991, 994 (9th Cir. 2005) (citing Rumsfeld 13 v. Padilla, 542 U.S. 426 (2004)).
examined Cited as authority (rule) United States v. Adam Livar (4×) also: Cited "see"
9th Cir. · 2024 · confidence medium
Mujahid v. Daniels, 413 F.3d 991, 995 (9th Cir. 2005); see Gunderson v. Hood, 268 F.3d 1149, 1153 (9th Cir. 2001) (concluding case was not moot because “there is a possibility of the court[] reducing or modifying [the defendant’s] supervised release under 18 U.S.C. § 3583 (e)(2)”); D.M., 869 F.3d at 1137–38 (concluding defendant’s release from prison and commencement of five-year term of supervised release did not render appeal moot “because the district court may modify [defendant’s] term of supervised release” under 18 12 USA V.
cited Cited as authority (rule) (HC) Perez v. Arviza
E.D. Cal. · 2024 · confidence medium
Allen, in turn, cited to Mujahid 5 v. Daniels, 413 F.3d 991, 995 (9th Cir. 2005), and United States v. D.M., 869 F.3d 1133 , 1137 6 (9th Cir. 2017).
cited Cited as authority (rule) Elliott v. Salmonson
D. Nev. · 2024 · confidence medium
The relevant location is where a person is 2 || incarcerated “on the initial filing for habeas corpus relief.” Mujahid v. Daniels, 3 || 413 F.3d 991, 994 (9th Cir. 2005).
discussed Cited as authority (rule) (HC) Jobin v. Warden
E.D. Cal. · 2024 · confidence medium
“Under the Chevron framework, a reviewing court first determines if 16 Congress has directly spoken to the precise question at issue, in such a way that the intent of 17 Congress is clear.” Mujahid v. Daniels, 413 F.3d 991, 997 (9th Cir. 2005) (internal quotations 18 omitted) (quoting Pacheco-Camacho v. Hood, 272 F.3d 1266, 1268 (9th Cir. 2001) (quoting 19 Chevron, 467 U.S. at 843 internal quotations and citations omitted)).
discussed Cited as authority (rule) Brennen Smith v. J. Streeval (2×) also: Cited "see"
4th Cir. · 2024 · confidence medium
Cir. 2013) (appeal not moot because there was a “very substantial likelihood” that a finding that the petitioner had over- served his sentence would influence his request for a sentencing reduction based on a sentencing guidelines change and might result in an early termination of supervised release); Levine v. Apker, 455 F.3d 71, 77 (2d Cir. 2006) (appeal not moot because if the petitioner was correct, he should have been released to a halfway house earlier than he had been); Johnson v. Pettiford, 442 F.3d 917, 918 (5th Cir. 2006) (appeal not moot because if the sentencing court incorrect…
cited Cited as authority (rule) Mair v. Heisner
D. Ariz. · 2023 · confidence medium
“Failure to satisfy Article III’s case-or-controversy requirement renders a habeas 3 petition moot.” Mujahid v. Daniels, 413 F.3d 991, 994 (9th Cir. 2005).
discussed Cited as authority (rule) Patel v. Barron
W.D. Wash. · 2023 · confidence medium
No. 14 at 9–11. 13 “Under the Chevron framework, a reviewing court first determines if Congress has directly 14 spoken to the precise question at issue, in such a way that the intent of Congress is clear.” Mijahid 15 v. Daniels, 413 F.3d 991, 997 (9th Cir. 2005) (cleaned up).
discussed Cited as authority (rule) Bond v. Kendall
D. Maryland · 2023 · confidence medium
N.Y. 2001) (recognizing that “for purposes of habeas review, ‘a Plaintiff under supervised release may be considered in custody’ because supervised release constitutes a constraint that is not imposed on society at large”) (quoting Scanio v. United States, 37 F.3d 858, 860 (2d Cir. 1994)); Mujahid v. Daniels, 413 F.3d 991, 994 (9th Cir. 2005) (noting that “a habeas Plaintiff remains in custody of the United States while on supervised release”).
discussed Cited as authority (rule) Cartwright v. San Diego Sheriff's Department
S.D. Cal. · 2023 · confidence medium
“This means that, throughout 10 the litigation, the plaintiff ‘must have suffered, or be threatened with, an actual injury 11 traceable to the defendant and likely to be redressed by a favorable judicial decision.’” 12 Spencer v. Kenma, 523 U.S. 1, 7 (1998) (quoting Lewis v. Cont'l Bank Corp., 494 U.S. 472 , 13 477 (1990)). 14 “Failure to satisfy Article III's case-or-controversy requirement renders a habeas 15 petition moot.” Mujahid v. Daniels, 413 F.3d 991, 994 (9th Cir. 2005) (citation omitted); 16 see also Burnett v. Lampert, 432 F.3d 996 , 1000–01 (9th Cir. 2005) (habeas pe…
discussed Cited as authority (rule) Huihui v. Derr
D. Haw. · 2023 · confidence medium
“Under the Chevron framework, a reviewing court first determines if Congress has directly spoken to the precise question at issue, in such a way that the intent of Congress is clear.” Mujahid v. Daniels, 413 F.3d 991, 997 (9th Cir. 2005) (internal quotations omitted) (quoting Pacheco-Camacho v. Hood, 272 F.3d 1266, 1268 (9th Cir. 2001) (quoting Chevron, 467 U.S. at 843 internal quotations and citations omitted)).
discussed Cited as authority (rule) Hitchins v. Gutierrez (2×) also: Cited "see"
D. Ariz. · 2023 · confidence medium
Mujahid v. Daniels, 413 F.3d 991, 994 (9th Cir. 2005).
discussed Cited as authority (rule) Rohrbaugh v. Von Blanckensee (2×) also: Cited "see"
D. Ariz. · 2022 · confidence medium
Custody includes supervised release. 19 Mujahid v. Daniels, 413 F.3d 991, 994 (9th Cir. 2005).
discussed Cited as authority (rule) Hawkins v. Gore
S.D. Cal. · 2021 · confidence medium
“Failure to satisfy Article III’s case-or-controversy requirement renders a 8 habeas petition moot.” Mujahid v. Daniels, 413 F.3d 991, 994 (9th Cir. 2005). “[A] case 9 is moot when the issues presented are no longer ‘live’ or the parties lack a legally 10 cognizable interest in the outcome.” Powell v. McCormack, 395 U.S. 486, 496 (1969). 11 A habeas petition may become moot when a petitioner who sought release from 12 custody as the primary relief for his habeas petition is released from the respondent’s 13 custody.
discussed Cited as authority (rule) United States v. Henderson (2×) also: Cited "see"
D.D.C. · 2021 · confidence medium
Even if Henderson has been released, this Court retains jurisdiction because a “habeas petitioner remains in the custody of the United States while on supervised release.” Mujahid v. Daniels, 413 F.3d 991, 994 (9th Cir. 2005). 5 Henderson’s motion also raised five ineffective assistance claims, two of which relate to Rehaif and three of which related to alleged oversights in his sentencing hearing.
discussed Cited as authority (rule) Roman v. United States
N.D. Cal. · 2021 · confidence medium
However, per the terms of 18 Petitioner’s sentence, Petitioner must serve three years of supervised release, which therefore runs 19 through October 11, 2022. “[A] habeas petitioner remains in the custody of the United States 20 while on supervised release.” Mujahid v. Daniels, 413 F. 3d 991, 994 (9th Cir. 2005). 21 Accordingly, under Ninth Circuit law, Petitioner remains in custody within the meaning of § 2255 22 and Petitioner’s motion is not moot.
discussed Cited as authority (rule) United States v. Cirilo Viramontes-Ruiz
9th Cir. · 2021 · confidence medium
Thus, Defendant does not present a case in which "[t]he ‘possibility’ that the sentencing court would use its discretion to reduce a term of supervised release under 18 U.S.C. § 3583 (e)(2) [i]s enough to prevent the [appeal] from being moot." Mujahid v. Daniels, 413 F.3d 991, 995 (9th Cir. 2005) (citation omitted).
cited Cited as authority (rule) FORTSON v. United States
S.D. Ind. · 2021 · confidence medium
Cir. 2013); Mujahid v. Daniels, 413 F.3d 991, 994-95 (9th Cir. 2005)).
discussed Cited as authority (rule) Vidal-Martinez v. Prim
N.D. Ill. · 2020 · confidence medium
Cir. 1947) (“[T]he District Court has no jurisdiction to entertain a petition for a writ of habeas corpus attacking the petitioner’s original conviction when the petitioner is held in this jurisdiction solely by reason of other rule would have the potential for forum games and unreasonable delays in a petitioner’s case.”); Mujahid v. Daniels, 413 F.3d 991, 994 (9th Cir. 2005) (rejecting argument that court lacked jurisdiction after petitioner’s transfer and placement on supervised release because “a habeas petitioner remains in the custody of the United States while on supervised r…
cited Cited as authority (rule) Hayes v. United States
E.D. Wis. · 2020 · confidence medium
Cir. 2013); Mujahid v. Daniels, 413 F.3d 991, 994-95 (9th Cir. 2005)).
cited Cited as authority (rule) Hayes v. United States
E.D. Wis. · 2020 · confidence medium
Cir. 2013); Mujahid v. Daniels, 413 F.3d 991, 994-95 (9th Cir. 2005)).
discussed Cited as authority (rule) Ryan Bonneau v. Josias Salazar
9th Cir. · 2020 · confidence medium
“The possibility that the sentencing court would use its discretion to reduce a term of supervised release under 18 U.S.C. § 3583 (e)(2) [is] enough to prevent the petition from being moot.” Mujahid v. Daniels, 413 F.3d 991, 995 (9th Cir. 2005) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Calderon-Jimenez v. United States
S.D. Cal. · 2020 · confidence medium
Mujahid v. Daniels, 413 F. 3d 991, 994 (9th Cir. 26 27 1 See Inmate Locator & Record Availability, Federal Bureau of Prisons, https://www.bop.gov/inmateloc/ 28 1 2005) (quoting Matus–Leva v. United States, 287 F.3d 758, 761 (9th Cir. 2002) (“[A] 2 habeas petitioner remains in the custody of the United States while on supervised 3 release”)). 4 I.
discussed Cited as authority (rule) Cox v. United States
S.D. Cal. · 2020 · confidence medium
Mujahid v. Daniels, 413 F. 3d 991, 994 (9th Cir. 8 2005) (quoting Matus–Leva v. United States, 287 F.3d 758, 761 (9th Cir. 2002) (“[A] 9 habeas petitioner remains in the custody of the United States while on supervised 10 release”)). 11 Petitioner argues she is entitled to relief based upon Amendment 794—a “[n]ewly 12 amended USSG Section 3B1.2 [which] concerns reductions sought for those who have a 13 ‘minor role’ in [an] offense.” Doc.
discussed Cited as authority (rule) Ruano v. United States
S.D. Cal. · 2020 · confidence medium
Mujahid v. Daniels, 413 F. 3d 991, 994 (9th Cir. 2005) (quoting Matus–Leva v. 16 United States, 287 F.3d 758, 761 (9th Cir. 2002) (“[A] habeas petitioner remains in the 17 custody of the United States while on supervised release.”).) 18 i. Waiver 19 Respondent contends the motion should be dismissed because Petitioner waived his 20 right to appeal or collaterally attack his sentence as part of his plea agreement.
cited Cited as authority (rule) Hubbard v. Ratledge
W.D. Va. · 2019 · confidence medium
Cir. 2013); Mujahid v. Daniels, 413 F.3d 991, 994-95 (9th Cir. 2005).
cited Cited as authority (rule) Hubbard v. Zych
W.D. Va. · 2019 · confidence medium
Cir. 2013); Mujahid v. Daniels, 413 F.3d 991, 994-95 (9th Cir. 2005).
discussed Cited as authority (rule) United States v. Micah Iverson Kelly
9th Cir. · 2017 · confidence medium
Mujahid v. Daniels, 413 F.3d 991, 999 (9th Cir. 2005) (the Supreme Court has not "address [ed] when the rule of lenity takes priority over Chevron deference.”).
discussed Cited as authority (rule) Mitchell v. Mullgrav
virginislands · 2017 · confidence medium
Therefore, it is at least arguable that Mitchell remains in federal custody despite having fully served the incarcerative portion of his federal sentences .See Mujahid v. Daniels. 413 F.3d 991, 995 (9th Cir. 2005) (holding that habeas petitioner who has not completed period of supervised release is still in federal custody); United States v. Monteiro, 270 F.3d 465, 472 (7th Cir. 2001) (“[T]he district court maintains continuing jurisdiction over the supervised release period[.]”).
discussed Cited as authority (rule) United States v. Jarreous Blewitt
6th Cir. · 2013 · confidence medium
Circuit has stated, “eligibility] for a reduced sentence under § 3582(c)(2), if it led to an actual sentence reduction, would necessarily inform the district court’s evaluation of a motion for termination or reduction of [a] term of supervised release under § 3583(e)(1) or (e)(2).” United States v. Epps, 707 F.3d 337, 345 (D.C.Cir.2013); see also Levine v. Apker, 455 F.3d 71, 77 (2d Cir.2006); Mu-jahid v. Daniels, 413 F.3d 991, 994-95 (9th Cir.2005).
discussed Cited as authority (rule) Perry McCullough v. Conrad Graber (2×)
9th Cir. · 2013 · confidence medium
Id.; Mujahid v. Daniels, 413 F.3d 991, 995 (9th Cir.2005) (“An appeal is moot ‘when, by virtue of an intervening event, a court of appeals cannot grant any effectual relief whatever in favor of the appellant.’ ”) (citing Calderon v. Moore, 518 U.S. 149 , 116 S.Ct. 2066 , 135 L.Ed.2d 453 (1996)).
discussed Cited as authority (rule) United States v. Ricardo Epps
D.C. Cir. · 2013 · confidence medium
At least two courts of appeals clearly regard the enhanced prospects for a reduced term of supervised release under § 3583 as adequate to hold non-moot a released prisoner’s claim to a lesser period of incarceration: the Second Circuit in Levine v. Apker, 455 F.3d 71, 76-77 (2d Cir.2006), held that the prospect renders non-moot a released prisoner’s challenge to a Bureau of Prisons regulation cutting off his change of placement in a half-way house, while the Ninth Circuit in Mujahid v. Daniels, 413 F.3d 991, 993-95 (9th Cir.2005), viewed the prospect to render non-moot a prisoner’s atta…
discussed Cited as authority (rule) United States v. Juvenile Male
9th Cir. · 2011 · confidence medium
Because L.F.'s probation was continued for sixty months and the district court has not determined that L.F: has completed the treatment program, this appeal is not moot as we can "grant ... effectual relief ... in favor of the appellant.” Mujahid v. Daniels, 413 F.3d 991, 994 (9th Cir.2005) (citation omitted).
discussed Cited as authority (rule) Kittel v. Thomas (2×)
9th Cir. · 2010 · confidence medium
"Failure to satisfy Article III's case-or-controversy requirement renders a habeas petition moot." Mujahid v. Daniels, 413 F.3d 991, 994 (9th Cir.2005) ( citing Spencer v. Kemna, 523 U.S. 1, 7 , 118 S.Ct. 978 , 140 L.Ed.2d 43 (1998)).
Retrieving the full opinion text from the archive…
Sabil M. MUJAHID, Petitioner-Appellant,
v.
Charles A. DANIELS, Warden, Respondent-Appellee
03-36038.
Court of Appeals for the Ninth Circuit.
Jun 27, 2005.
413 F.3d 991
2005 U.S. App. LEXIS 12697
2005 WL 1522808
Stephen R. Sady, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant., Kenneth C. Bauman and Craig J. Casey, Assistant United States Attorneys, Portland, OR, for the respondent-appellee.
Beezer, Thomas, Fletcher.
Cited by 122 opinions  |  Published
Pinpoint authority: bottom 53%
BEEZER, Circuit Judge.

Sabil Mujahid appeals the denial of his 28 U.S.C. § 2241 petition for a writ of habeas corpus, challenging the Bureau of Prisons’ (“BOP” or “Bureau”) interpretation of the maximum good time credit a federal prisoner can receive under 18 U.S.C. § 3624(b). Mujahid asserts that the Bureau’s interpretation, which allows a prisoner serving a ten-year sentence to earn a maximum of 470 days credit, contradicts the statute’s stated allowance of 54 days of credit per year. We affirm.

I

The facts relevant to this appeal are not in dispute. In 1995, the United States District Court for the District of Alaska sentenced Mujahid to ten years imprisonment, plus three years supervised release, upon his conviction under 18 U.S.C. § 922(g)(1) (felon in possession of a firearm). He began his term in custody on March 21 of that year.

In 2002, while incarcerated at the Federal Correctional Institution in Sheridan, Oregon (“FCI-Sheridan”), Mujahid filed this challenge to the Bureau’s interpretation of the good time statute. Mujahid’s petition, which he filed in the District of Oregon, named as respondent the warden at FCI-Sheridan. The magistrate judge reviewing the petition disagreed with the assertion that the Bureau’s interpretation deprived Mujahid of good time credit. The district court adopted the magistrate judge’s Findings and Recommendations (with one modification not relevant here) and denied Mujahid’s petition on November 4, 2003. Mujahid timely appealed.

The government represents that Muja-hid began his three-year term of supervised release on January 6, 2004. [1]

II

As an initial matter, we determine whether events subsequent to the district court’s denial of Mujahid’s petition deprive this court of jurisdiction or render this appeal moot. The government contends that Mujahid’s placement onto supervised release prevents us from providing any relief. We disagree.

A

The government’s first contention, marginally raised in its briefing and argued at length during oral argument, is that we lack jurisdiction over this appeal because Mujahid is no longer imprisoned by the named respondent-warden. [2] Established[*994] principles of habeas procedure suggest otherwise.

When Mujahid filed his petition, he was incarcerated in Oregon. He filed his petition in district court, in the District of Oregon. He named as respondent the warden of the institution where he was imprisoned. These steps properly complied with habeas procedure. See Rumsfeld v. Padilla, 542 U.S. 426, 124 S.Ct. 2711, 2720, 159 L.Ed.2d 513 (2004). Mujahid’s subsequent transfer and placement onto supervised release do not alter this analysis. As the government recognizes, a habeas petitioner remains in the custody of the United States while on supervised release. Matus-Leva v. United States, 287 F.3d 758, 761 (9th Cir.2002). And as we stated in Francis v. Rison, 894 F.2d 353, 354 (9th Cir.1990) (internal quotation marks and citations omitted), “jurisdiction attaches on the initial filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and the accompanying custodial change.”

B

The next government challenge asserts mootness. “The burden of demonstrating mootness is a heavy one.” Cantrell v. City of Long Beach, 241 F.3d 674, 678 (9th Cir.2001). The government has not met that burden.

An appeal is moot “when, by virtue of an intervening event, a court of appeals cannot grant any effectual relief whatever in favor of the appellant.” Calderon v. Moore, 518 U.S. 149, 150, 116 S.Ct. 2066, 135 L.Ed.2d 453 (1996) (per curiam) (citation and internal quotation marks omitted). Failure to satisfy Article Ill’s case-or-controversy requirement renders a habeas petition moot. Spencer v. Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998). “This means that, throughout the litigation, the plaintiff must have suffered, or be threatened with, an actual injury traceable to the defendant and likely to be redressed by a favorable judicial decision.” Id. (citation and internal quotation marks omitted).

The government argues that we are unable to provide any relief to Mujahid because he completed his term of imprisonment and was placed on supervised release. The government relies on United States v. Johnson, 529 U.S. 53, 54, 120 S.Ct. 1114, 146 L.Ed.2d 39 (2000), to support its position. We agree that Johnson holds that a prisoner who wrongfully serves excess prison time is not entitled to an automatic reduction in his term of supervised release. Id. at 60, 120 S.Ct. 1114. But our post-Johnson precedent does not support construing Johnson in the manner advocated by the government.

We addressed this very issue in Gunderson v. Hood, 268 F.3d 1149, 1153 (9th Cir.2001). Although the petitioner in Gunderson challenged an agency practice affecting the length of his sentence, we recognized that the court was unable to order any reduction in prison time because he would not be eligible for such relief until his term of imprisonment expired. We held this fact did not render the petition moot, however, because the petition[*995] er’s sentence included a term of supervised release. The “possibility” that the sentencing court would use its discretion to reduce a term of supervised release under 18 U.S.C. § 3583(e)(2) was enough to prevent the petition from being moot. Id.; see also United States v. Verdin, 243 F.3d 1174, 1178 (9th Cir.2001) (holding a defendant on supervised release retained a personal stake in the appeal of his sentence because, if he prevailed, “he could be re-sentenced to a shorter period of supervised release”).

Gtunderson controls our mootness inquiry. There “is a possibility” that Mujahid could receive a reduction in his term of supervised release under 18 U.S.C. § 3583(e)(2). 253 F.3d at 1153. Gunderson does not require more.

The government’s attempt to distinguish Gunderson is unavailing. The government maintains that the Gunderson petitioner, unlike Mujahid, sought habeas relief in the same court in which he was originally sentenced. This supposed fact allegedly differentiates Gunderson because Mujahid’s habeas court (in the District of Oregon) has no control over the decision to modify the supervised release terms, which rest with the sentencing court (in the District of Alaska).

We cannot accept this argument. Gun-derson, like Mujahid, followed general ha-beas procedure in naming as respondent the warden of the prison where he was incarcerated at the time of filing his petition. Gunderson, 268 F.3d at 1152-53; see also Padilla, 124 S.Ct. at 2720. The Gunderson opinion does not state that the petitioner was seeking habeas relief before the same court in which he was sentenced, and there is no indication that its mootness analysis turned on such a fortuitous occurrence. [3]

C

Mujahid filed his habeas petition in the proper district court, naming the proper respondent. See Padilla, 124 S.Ct. at 2718. He remains in “custody” for habeas purposes. Matus-Leva, 287 F.3d at 761. His petition asserts an injury due to the duration of his sentence and seeks relief through a possible reduction of his term in custody. Gunderson, 268 F.3d at 1153. This appeal is properly before us and is not moot.

Ill

We now turn to the merits of Mujahid’s challenge to the BOP’s interpretation of the federal good time statute, 18 U.S.C. § 3624(b). Mujahid asserts that the BOP’s interpretation erroneously reduces the amount of good time credit available on a ten-year sentence from 540 to 470 days. Although Mujahid’s reading of the statute is arguably plausible, we have previously held that the BOP’s contrary interpretation is reasonable and subject to deference. Pacheco-Camacho v. Hood, 272 F.3d 1266, 1270 (9th Cir.2001). This determination is controlling.

A

[*996] At issue in this appeal is the 1995 [4] version of 18 U.S.C. § 3624(b)(1), which states in relevant part (emphasis added):

(b) Credit toward service of sentence for satisfactory behavior.—
(1) A prisoner ... who is serving a term of imprisonment of more than one year, other than a term of imprisonment for the duration of the prisoner’s 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 the prisoner’s term of imprisonment, beginning at the end of the first year of the term, unless the Bureau of Prisons determines that, during that year, the prisoner has not satisfactorily complied with ... institutional disciplinary regulations.... The Bureau’s determination [of satisfactory compliance] shall be made within fifteen days after the end of each year of the sentence. Credit that has not been earned may not later be granted. 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.

The Bureau and Mujahid disagree on whether “term of imprisonment” as used in the italicized portion of the statute means time actually served (BOP interpretation) or sentence imposed (Mujahid interpretation). The BOP implementing regulation provides:

Pursuant to 18 U.S.C. 3624(b), as in effect for offenses committed on or after November 1, 1987 but before April 26, 1996, an inmate earns 54 days credit toward service of sentence (good conduct time credit) for each year served. This amount is prorated when the time served by the inmate for the sentence during the year is less than a full year.

28 C.F.R. § 523.20 (emphasis added). [5]

In accordance with this regulation and the Bureau’s applicable Program Statement, a prisoner does not “earn” good time credit until after serving that time. See Federal Bureau of Prisons Program Statement 5880.28 (Feb. 21, 1992). To earn 54 days of credit, a prisoner must first complete 365 days of incarceration. The BOP prorates awards during the last year that a prisoner is incarcerated, awarding 0.148 days credit [54/365 = 0.148] per day actually served that year. See Pacheco-Camacho, 272 F.3d at 1267-1268.

Under these calculations, Mujahid accumulated 432 days of credit over eight years [ (54 days/year) x (8 years) = 432]. Because Mujahid had enough credit to qualify for release during his ninth year in prison, the BOP prorated the amount of credit he could earn that partial year, awarding 38 days. Mujahid received no credit for the tenth year of his sentence, when he was not in prison.

Mujahid, in contrast, reads this statute as awarding good time credit based on the sentence imposed. Using the straight-forward calculation of 54 days per year multiplied by ten years, Mujahid argues that he was entitled to 540 days of credit. To avoid awarding credit for time not served, Mujahid essentially starts counting toward the next “year” of imprisonment every 311 days. [6]

[*997] The end result is that, over a ten-year sentence, Mujahid’s interpretation enables a prisoner to earn 70 more days of credit than allowed by the BOP.

B

This dispute turns on whether we accept the BOP’s interpretation of the phrase “term of imprisonment” to mean “time served.” “Because this case involves an administrative agency’s construction of a statute that it administers, our analysis is governed by Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984).” Food and Drug Admin. v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 132, 120 S.Ct. 1291, 146 L.Ed.2d 121 (2000); accord Pacheco-Camacho, 272 F.3d at 1268. Under the Chevron framework, a reviewing court first determines if “ ‘Congress has directly spoken to the precise question at issue,’ in such a way that ‘the intent of Congress is clear.’ ” Pacheco-Camacho, 272 F.3d at 1268 (quoting Chevron, 467 U.S. at 842, 104 S.Ct. 2778). If the statute is silent or ambiguous, the court decides “whether the agency’s interpretation ‘is based on a permissible construction of the statute.’ ” Id. (quoting Chevron, 467 U.S. at 843, 104 S.Ct. 2778).

In Pacheco-Camacho, we held that the BOP’s interpretation of 18 U.S.C. § 3624(b) is entitled to full Chevron deference. At issue in Pacheco-Camacho was the BOP’s policy for prorating the good time credit of a prisoner sentenced to one year plus a day imprisonment. We first determined that the phrase “term of imprisonment” as used in § 3624(b) is ambiguous, observing that to read “term of imprisonment” as “sentence imposed” would be inconsistent with a statute that contemplates prorating credit for the last year of imprisonment. Id. at 1268. We also concluded that the Bureau’s interpretation was supported by legislative history indicating an attempt to “strike a balance between simplicity and fairness” by calculating credits in a consistent manner and prorating credits to ensure that those who served more time were eligible for more credit. Id. at 1270. We relied on these same reasons to hold that the BOP’s interpretation of “term of imprisonment” as “time served” was reasonable. Id. at 1271.

Mujahid’s interpretation of § 3624(b) is at odds with Pacheco-Camacho’s holding that the BOP’s interpretation is reasonable and subject to deference. We are bound by Pacheco-Camacho’s holding unless (1) the issue presented here is sufficiently distinguishable or (2) binding authority casts sufficient doubt on the validity of Pacheco-Camacho’s analysis to allow us to disregard its reasoning. We are unconvinced on both fronts.

1

Mujahid’s attempts to distinguish Pacheco-Camacho are unpersuasive. Mujahid would limit Pacheco-Camacho to solely addressing the meaning of “term of imprisonment” as it relates to prorating credits during the last year of a prisoner’s sentence. He asserts that his petition differs because he challenges the BOP’s calculation of good time credits overall. But so did Pacheco-Camacho. In fact, Pacheco-Camacho made the same argument and used the same provision for support. Like Mujahid, Pacheco-Camacho argued that “when the statute awards fifty-four days ‘at the end of each year of the prisoner’s[*998] term of imprisonment,’ this award should be based on the sentence imposed, without regard to the time actually served.” Id. at 1268. Our rejection of Pacheco-Camacho’s position indicates that our holding was not as limited as Mujahid contends.

Mujahid’s assertion that Pacheco-Camacho controls the meaning of “term of imprisonment” only in the context of prorating credit is problematic for another reason as well. Under even this most narrow reading of Pacheco-Camacho, that decision still holds that the BOP’s interpretation of “term of imprisonment” in the last sentence of § 3624 as “time served” is reasonable. See id. at 1270-71. Mujahid does not explain how, given' this precedent, interpreting “term of imprisonment” differently (i.e., as “sentence imposed”) earlier in the same statute is any more consistent with rules of intra-statutory interpretation than the interpretation given by the Bureau.

2

Besides attempting to limit the reach of Pacheco-Camacho, Mujahid argues that subsequent Supreme Court cases have undermined Pacheco-Camacho’s “mode of reasoning.” Mujahid asserts that recent cases suggest that Pacheco-Camacho erred in not applying the rule of lenity before applying Chevron deference. For one three-judge panel to disregard prior binding authority, “the relevant court of last resort must have undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable.” Miller v. Gammie, 335 F.3d 889, 900 (9th Cir.2003). Mujahid has not persuaded us that we are faced with such a situation here. [7]

Pacheco-Camacho holds that the rule of lenity “does not prevent an agency from resolving statutory ambiguity through a valid regulation.” 272 F.3d at 1271. We cited Supreme Court precedent for support. See Babbitt v. Sweet Home Chapter of Cmtys. for a Great Oregon, 515 U.S. 687, 704 n. 18, 115 S.Ct. 2407, 132 L.Ed.2d 597 (1995) (“We have never suggested that the rule of lenity should provide the standard for reviewing facial challenges to administrative regúlations whenever the governing statute authorizes criminal enforcement.”). We explained that our decir sion comported with the rule’s purpose as well. Specifically, the rule of lenity is designed to “ensureí ] that the penal laws will be sufficiently clear, so that individuals do not accidentally run afoul of them and courts do not impose prohibitions greater than the legislature intended.” Pacheco-Camacho, 272 F.3d at 1271. Regulations such as the one at issue here “gives the public sufficient warning to ensure that nobody mistakes the ambit of the law or its penalties.” Id. at 1272. We also noted that the Supreme Court has applied Chevron deference in construing another BOP-administered statute affecting prison terms. See id. (citing Lopez v. Davis, 531 U.S. 230, 242, 121 S.Ct. 714, 148 L.Ed.2d 635 (2001)).

We cannot say that binding authority has “undercut” this analysis. By collecting assorted passages from recent Supreme Court opinions, Mujahid creates an argument that is tenuous at best and requires us to fill in more blanks than we are willing to do. In particular, neither Leocal [*999] v. Ashcroft, — U.S. —, 125 S.Ct. 377, 160 L.Ed.2d 271 (2004), nor Clark v. Martinez, — U.S. —, 125 S.Ct. 716, 160 L.Ed.2d 734 (2005), address the relationship of Chevron deference to the rule of lenity. Rather, both cases reference the rule of lenity in dicta concerning unrelated points. See Leocal, 125 S.Ct. at 384 n. 8 (stating that “consistency” requires applying the rule of lenity to a statute that has both criminal and noncriminal applications); Clark, 125 S.Ct. at 724 (citing the reference to the rule of lenity in Leocal and United States v. Thompson/Center Arms Co., 504 U.S. 505, 517-18 and n. 10, 112 S.Ct. 2102, 119 L.Ed.2d 308 (1992) (plurality opinion), in stating that the “lowest common denominator” governs when construing statutory language with more than one application).

The language cited in these cases supports that the rule of lenity can play an important role in statutory construction; it does not address when the rule of lenity takes priority over Chevron deference. And, ultimately, it is the answer to this question that Mujahid must convince us has been provided, or most assuredly would be provided, by the Supreme Court in a manner “irreconcilable” with Pacheco-Camacho. The cases relied on by Mujahid do not do so.

IV

Pacheco-Camacho established that the phrase “term of imprisonment” in 18 U.S.C. § 3624(b)(1) is ambiguous, that the BOP’s interpretation was reasonable, and is thus entitled to deference. Mujahid’s position rests on an interpretation of this statute at odds with binding authority of this court. [8]

AFFIRMED.

1

. At oral argument, Mujahid's counsel stated that he believed Mujahid has since been returned to prison for violating his terms of supervised release. Our analysis is not contingent on this fact.

2

. We are unconvinced by the government's assertion that this argument cannot be[*994] waived. See, e.g., Rumsfeld v. Padilla, 542 U.S. 426, 124 S.Ct. 2711, 2717 n. 7, 159 L.Ed.2d 513 (2004) (referring to jurisdiction "in the sense that it is used in the habeas statute, 28 U.S.C. § 2241(a), and not in the sense of subject-matter jurisdiction of the District Court”); id. at 2728 (Kennedy, J., concurring) ("Because the immediate-custodian and territorial-jurisdiction rules are like personal jurisdiction or venue rules, objections to the filing of petitions based on those grounds can be waived by the Government.”); see also Smith v. Idaho, 392 F.3d 350, 354-56 (9th Cir.2004).

3

. We note another potential flaw in the government’s argument. Under even the government's interpretation of Gunderson, this petition would not be moot in Mujahid's sentencing court in the District of Alaska. See 268 F.3d at 1153. The government has not explained why an appellate court in our position could not order Mujahid's petition transferred to that court, if we were so inclined. See, e.g., Gherebi v. Bush, 374 F.3d 727, 739 (9th Cir.2004) (“exercising jurisdiction” over habeas petition and “transferring the proceedings to the appropriate forum,” citing district court transfer of venue statutes, 28 U.S.C. §§ 1404, 1406).

4

. We quote from the version of this statute in effect in 1995, when Mujahid was convicted. Both parties agree that this version of the statute controls for purposes of Mujahid's appeal.

5

. Mujahid waived any possible argument about this regulation's applicability to Muja-hid's sentence by not raising the issue in his briefing. See United States v. Kama, 394 F.3d 1236, 1238 (9th Cir.2005).

6

. As Mujahid calculates die good time credit, the “year of the prisoner’s term of imprisonment'' ends once the number of days served[*997] plus the good time credit for that year equals 365. In other words, one year ends after approximately 311 days (365-54); two years after 622 days [(365 x 2) — (54 x 2)], and ten years after 3,112 days [(365 x 10) — (54 x 10)] (Leap years excluded).

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 analysis); Perez-Olivio v. Chavez, 394 F.3d 45, 53 (1st Cir.2005) (rejecting rule of lenity argument); but cf. Dolfi v. Pontesso, 156 F.3d 696, 700 (6th Cir.1998) (declining to apply Chevron deference to a Parole Commission interpretation of a different statute).

8

. Mujahid fashioned his initial filing before this panel as both an opening brief and a petition for initial hearing en banc, should we conclude that Pacheco-Camacho is controlling. Our denial of Mujahid's petition on the present record is without prejudice to review on a timely basis.