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SASH v. ZENK

No. 04-6206-PR.

428 F.3d 132 (2005)

Eliot S. SASH, Petitioner-Appellant, v. Michael ZENK, Federal Bureau of Prisons, Respondent-Appellee,

United States Court of Appeals, Second Circuit.

Decided: October 26, 2005.

Attorney(s) appearing for the Case

David A. Lewis, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, for Petitioner-Appellant.

Emily Berger, Assistant United States Attorney, Eastern District of New York (Roslynn R. Mauskopf, United States Attorney, on the brief; Susan Corkery, Assistant United States Attorney, of counsel), Brooklyn, NY, for Defendant-Appellee.

Before: SOTOMAYOR and WESLEY, Circuit Judges, and BRIEANT, District Judge.

SOTOMAYOR, Circuit Judge.

This case deals with the interpretation of 18 U.S.C. § 3624(b), which governs the calculation of credits awarded to federal prisoners for good behavior. The petitioner argues that the interpretation of this provision by the Bureau of Prisons (BOP), set forth in 28 C.F.R. § 523.20, contravenes the clear language of the statute. He further argues that the rule of lenity requires that credits be awarded on the basis of the sentence...

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