Lopez v. Terrell, et al., No. 10-2079 (2d Cir. 2011)
Annotate this CasePetitioner challenged the manner by which the Federal Bureau of Prisons (BOP) calculated Good Conduct Time (GCT) under 18 U.S.C. 3624(b), maintaining that he should be eligible to receive GCT for the 94 months he spent in state and federal custody prior to the date on which he was sentenced in district court, even though those 94 months were credited to a prior state sentence. At issue was whether section 3624(b) permitted the award of GCT for presentence custody served by an inmate, that under 18 U.S.C. 3585(b), could not be credited to the inmate's federal sentence. The court held that the BOP's interpretation of section 3624(b) was persuasive under Skidmore v. Swift & Co. and deferred to the agency's interpretation. Accordingly, the court reversed the judgment of the district court granting petitioner's petition for a writ of habeas corpus and remanded with instructions to dismiss the petition.
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