Monday, October 31, 2005

Welcome to BOP Land, Where "54 Days" Does Not Mean 54 Days

Eliot S. Sash v. Michael Zenk, Docket No. 04-6206-pr (2d Cir. Oct. 26, 2005) (Sotomayor, Wesley, Brieant (by designation)): In this case, brought pursuant to 28 U.S.C. § 2241 by a prisoner in BOP custody and litigated by David Lewis of this Office, the Circuit upholds as "reasonable" the BOP's odd & stingy interpretation of the good-conduct time statute, 18 U.S.C. § 3624(b). This statute states in sum and substance that a "prisoner who is serving a term of imprisonment of more than 1 year . . . 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." While Sash reads this statute to mean that he should receive up to 54 days of credit for each year of the sentence imposed, the BOP reads the statute to mean that Sash should receive up to "54 days credit . . . for each year served." 28 C.F.R. § 523.20 (emphasis added). The tangible difference in Sash's case (he received a 27-month sentence) was he was entitled to 121 days' good-conduct time under his interpretation but only 105 days under the BOP's interpretation.

The Court concluded that § 3624(b) was ambiguous, but also that the rule of lenity did not apply because the "the regulation at issue here interprets neither the substantive ambit of a criminal prohibition nor the penalty it imposed." Op. at 4. Rather, traditional Chevron deference applied. And because the BOP's interpretation was a "reasonable" one, the Court must defer to its reading.

[A note about a typographical error. Judge Sotomayor writes: "The statutory ambiguity of § 3624(b) does result in any lack of notice to potential violators of the law of the scope of the punishment that awaited them, because the award or withholding of credit under § 3624(b) is not part of that punishment." Op. at 5. We are quite certain that the Judge intended to insert the word "not" between the words "does result".]

16 Comments:

Anonymous Anonymous said...

The revolution will be televised
It's World Smile Day in Worcester. On a sunny October afternoon, a chorus of singing children surrounded by yellow balloons are gathered in front of City Hall to celebrate Harvey Ball's creation of the smiley ...
Hello writer, fascinating blog, enjoyed the read.

A interbank currency trading site/blog.
Top interbank currency trading facilities for all.
Don't miss it.

October 31, 2005 at 11:21 AM  
Anonymous air force electronic publishing said...

Compiler
New to Ebook Comilers? Easy to use.
Built-in editor. Videos show how.
DisplayURL.htm
---------1---------2----.----3-----
Powerful E-Book Compiler
Every feature. Text. Graphics.
Audio. Brandable. Videos included.
DisplayURL.htm
---------1---------2----.----3-----
What's E-Book Compiler?
Easily create ebooks. For newbies.
Video tutorials show you how.
DisplayURL.htm
---------1---------2----.----3-----
Ebook Compiler Revolution
Records audio. Built-in editing.
Brand anything. Needs no experience
DisplayURL.htm
---------1---------2----.----3-----
Seen This Ebook Compiler?
Records audio. Built-in editing.
Brand anything. All-in-one software
DisplayURL.htm

October 31, 2005 at 12:37 PM  
Anonymous wedding album from digital photo said...

Video tutorials show you how.
DisplayURL.htm
---------1---------2----.----3-----
Ebook Compiler Revolution
Records audio. Built-in editing.
Brand anything. Needs no experience
DisplayURL.htm
---------1---------2----.----3-----
Seen This Ebook Compiler?
Records audio. Built-in editing.
Brand anything. All-in-one software
DisplayURL.htm

November 1, 2005 at 7:17 AM  
Anonymous 33 said...

##frisky-pixie.com##

November 1, 2005 at 9:22 PM  
Anonymous Anonymous said...

And on a lighter note than pure trial by jury , check out the funniest trial transcript ever! If it's not serious enough of a topic, well, just pretend it's the Brit's version of trial by jury !

November 7, 2005 at 10:44 AM  
Anonymous Anonymous said...

A good resource for the attorney fraud jersey new stock for getting results. Or just buy the domain name if you're interested in the topic of attorney fraud jersey new stock .

November 7, 2005 at 9:21 PM  
Anonymous Anonymous said...

You aren't going to believe this website! If you really like shoosh teen trixie then this is even bigger than you can imagine!

Twins Twins Twins! Free sample pic here at my blog:
Milton Twins !!!!!!!!!!!!!!

And feel free to post at my blog too.

November 9, 2005 at 9:01 AM  
Anonymous Anonymous said...

Hey, you have a great blog here! I'm definitely going to bookmark you!

I have a christian ebook site/blog. It pretty much covers ##KEYWORD## related stuff.

Come and check it out if you get time :-)

November 9, 2005 at 9:07 PM  
Anonymous Anonymous said...

Hey, you have a great blog here! I'm definitely going to bookmark you! Get free
Traffic to your site/blog. It will Improve your page rank and it's free.
Go and check it out if you get time :-)

November 13, 2005 at 5:21 AM  
Anonymous Anonymous said...

Hey, you have a great blog here! I'm definitely going to bookmark you! Get free
Traffic to your site/blog. It will Improve your page rank and it's free.
Go and check it out if you get time :-)

November 13, 2005 at 4:03 PM  
Blogger Johnny said...

Hello, your blog is inmformative, I just found a brand new forex trading system using both Mathematical and psychlogical approch, hope you can visit and it will be useful to your trading life.

November 14, 2005 at 10:35 PM  
Anonymous Anonymous said...

Hey guys, we're the Milton Twins, Marissa and Melissa. We're the hottest, wildest, and most willing set of twins you'll ever see in your life. That's right. identical twinswith identical tastes and we're ready to share it all with you. The fun doesn't stop there, we've gotten all of our friends involved too. Boys and girls that we love to share. You just found all your fantasies in one site. So come check it out. We promise you've never seen anything like this. Milton Sisters

November 22, 2005 at 11:20 AM  
Blogger Emini Day Trader said...

Hey ##NAME##. Nice blog. You may want to check out day trading information. It's got lots of info on day trading information.

December 16, 2005 at 10:58 AM  
Anonymous Rick J said...

I have been following a site now for almost 2 years and I have found it to be both reliable and profitable. They post daily and their stock trades have been beating
the indexes easily.

Take a look at Wallstreetwinnersonline.com

RickJ

December 24, 2005 at 6:36 PM  
Blogger learn2stocktrade.com said...

Congratulations on producing a great blog! I will book mark and return!

I have a great emini day trading site. We offer some great products\services related to emini day trading including GREAT some freebies!

Come and check it out if you get time :-)

January 9, 2006 at 3:20 PM  
Anonymous Anonymous said...

I was doing the Google search found your blogsite. Some content here is very thought provoking. Not sure i agree with all but hey this is a democratic society - on the whole!!

All the best again, from David at http://www.forex-affiliate.com/Affiliates/main.aspx?ref=5836 which is about online currency trading

June 28, 2006 at 2:51 PM  

Post a Comment

<< Home