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Stone v. Clark

United States District Court, N.D. California
Jul 25, 2005
No. C 05-1045 CRB (PR) (N.D. Cal. Jul. 25, 2005)

Opinion

No. C 05-1045 CRB (PR).

July 25, 2005


ORDER OF DISMISSAL


Petitioner, a federal prisoner currently incarcerated at the Federal Correctional Institution in Dublin, California, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging the execution of her sentence. Specifically, petitioner claims that the Bureau of Prisons' ("BOP") misinterpretation of 18 U.S.C. § 3624(b) deprives her good-time credits to which she is statutorily entitled.

Under § 3624(b), a federal prisoner may receive credit toward service of sentence for good behavior. Specifically, 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 BOP determines that, during that year, the prisoner has not satisfactorily complied with institutional disciplinary regulations. 18 U.S.C. § 3624(b)(1). "[T]erm of imprisonment" as used in the quoted part of the statute may mean "time actually served" (BOP's interpretation) or "sentence imposed" (petitioner's interpretation); but because the phrase "term of imprisonment" is ambiguous and the BOP's interpretation is reasonable, the Ninth Circuit recently held that it is entitled to deference. See Mujahid v. Daniels, No. 03-36038, slip op. 7657, 7664-71 (9th Cir. June 27, 2005). The instant petition for a writ of habeas corpus under § 2241 accordingly must be DISMISSED. See id. (affirming denial of habeas petition on ground that petitioner's interpretation of phrase "term of imprisonment" entitled him to more good time credits against his sentence).

The clerk shall enter judgment in favor of respondent, terminate all pending motions as moot, and close the file.

SO ORDERED.


Summaries of

Stone v. Clark

United States District Court, N.D. California
Jul 25, 2005
No. C 05-1045 CRB (PR) (N.D. Cal. Jul. 25, 2005)
Case details for

Stone v. Clark

Case Details

Full title:PAMELA STONE, Petitioner, v. SCHELIA A. CLARK, Warden, Respondent

Court:United States District Court, N.D. California

Date published: Jul 25, 2005

Citations

No. C 05-1045 CRB (PR) (N.D. Cal. Jul. 25, 2005)