Home -> Law Blog Directory -> Criminal Law Blogs -> Puerto Rico Association of Criminal Defense Lawyers

Criminal Law

: Puerto Rico Association of Criminal Defense Lawyers

First Circuit Upholds BOP's Interpretation of Good Time Statute

By Tom Lincoln

In Perez-Olivo v. Chavez, No. 04-1486 (1st Cir. January 7, 2005) the First Circuit sides with the BOP's interpretation of the good conduct time (GTC) statute, 18 U.S.C. § 3624(b)(1), to the effect that the maximum of 54 days per year are to be credited for years actually served, and not for years a defendant is sentenced to. The case arose in the District of Puerto Rico, with the petitioner being housed at MDC-Guaynabo, and is a habeas petition pursuant to 2241 in which District Judge Carmen C. Cerezo initially denied relief. In upholding the BOP's interpretation, the First Circuit joined a number of other Courts.Lastly, we note that we are not alone in our conclusion that § 3624(b)(1) is ambiguous. Almost every other court that has visited this issue, including two other circuit courts of appeal, has found that "term of imprisonment" is ambiguous as used in § 3624(b)(1) and has upheld the BOP's interpretation of that term as meaning "time served...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on January 08, 2005 (boomark / email).