402 F.3d 172 (3rd Cir. 2005), 04-2990, O'Donald v. Johns

Docket Nº:04-2990.
Citation:402 F.3d 172
Party Name:David O'DONALD, Appellant v. Tracy JOHNS, Warden.
Case Date:March 22, 2005
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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Page 172

402 F.3d 172 (3rd Cir. 2005)

David O'DONALD, Appellant

v.

Tracy JOHNS, Warden.

No. 04-2990.

United States Court of Appeals, Third Circuit.

March 22, 2005.

Submitted Under Third Circuit L.A.R. 34.1(a)March 3, 2005.

David O'Donald, Loretto, PA, pro se.

Bonnie R. Schlueter, Office of United States Attorney, Pittsburgh, PA, for Appellee.

Before SLOVITER, BARRY and FISHER, Circuit Judges.

OPINION

PER CURIAM.

David O'Donald appeals from the District Court's order denying his habeas corpus

Page 173

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 habeas 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...

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