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Keywords

statuteappealhabeas corpus
statutehabeas corpuscomplianceregulation

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Esposito v. Ashcroft

Facts

In June 2003, the petitioner was sentenced to 24 months imprisonment for securities and tax charges. He claimed that the BOP incorrectly calculated his good conduct time at 47 days per year instead of 54 days and that he was entitled to an additional 14 days of credit. He also argued that under the BOP's new policy, he was entitled to 6 months in a halfway house instead of the 2.4 months he was receiving. The petitioner did not exhaust his administrative remedies, citing time constraints, but filed an emergency appeal.

In June 2003, the petitioner was sentenced in the United States District Court for the Northern District of Ohio to 24 months imprisonment for 'improperly licensed/securities,tax charges.' The petitioner asserts that the BOP has erroneously calculated his GCT time at 47 days per year instead of 54 days per year and that the BOP owes him 14 days of GCT. The petitioner also asserts that under the BOP's new 10% policy he is receiving only 2.4 months in a halfway house when he should receive 6 months in a halfway house.

Issue

Whether the Bureau of Prisons properly calculated the petitioner's good conduct time credit and whether the petitioner was required to exhaust administrative remedies before filing his habeas corpus petition.

Whether the Bureau of Prisons properly calculated the petitioner's good conduct time credit and whether the petitioner was required to exhaust administrative remedies before filing his habeas corpus petition.

Rule

18 U.S.C. 3624(b) delegates to the BOP the authority to award and calculate good time credits, allowing a prisoner to receive up to 54 days of credit for each year served, subject to the BOP's determination of satisfactory behavior.

18 U.S.C. 3624(b) delegates to the BOP the authority to award and calculate good time credits. This section provides as follows: (b) Credit toward service of sentence for satisfactory behavior. (1) Subject to paragraph (2), a prisoner who is serving a term of imprisonment of more than 1 year other than a term of imprisonment for the duration of the prisoner's life, 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, beginning at the end of the first year of the term, subject to determination by the Bureau of Prisons that, during that year, the prisoner has displayed exemplary compliance with institutional disciplinary regulations.

Analysis

The court found that the BOP's interpretation of the statute was reasonable, as it allowed for the calculation of good conduct time based on actual time served rather than the sentence imposed. The magistrate noted that other courts had similarly concluded that the statute was ambiguous and deferred to the BOP's interpretation. The court also determined that the petitioner's failure to exhaust administrative remedies was excused due to the futility of such efforts.

The petitioner has not exhausted his administrative remedies. Nonetheless, other courts have already found that requiring inmates to challenge the BOP's policy regarding calculation of GCT through the administrative process would be futile. See, e.g., Hendershot v. Scibana. 2004 U.S. Dist. LEXIS 18206, 2004 WL 2009241 (W.D.Wis. 2004) and Martinez v. Wendt, 2003 U.S. Dist. LEXIS 19045, 2003 WL 22456808 (N.D.Tex.2003) (Mag. Report and Recommendation), adopted by 2003 U.S. Dist. LEXIS 20832, 2003 WL 22724755 (N.D.Tex.2003). Thus, the undersigned finds that futility excuses the petitioner's failure to exhaust.

Conclusion

The magistrate recommended that the petitioner's application for habeas corpus be denied and the case dismissed with prejudice.

The magistrate recommended that the petitioner's 2241 petition be denied.

Who won?

The Bureau of Prisons prevailed in the case as the magistrate found their interpretation of the statute to be reasonable and upheld their policies regarding good conduct time and halfway house placement.

The Bureau of Prisons prevailed in the case as the magistrate found their interpretation of the statute to be reasonable and upheld their policies regarding good conduct time and halfway house placement.

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