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MORELAND v. FEDERAL BUREAU OF PRISONS

No. 05-20347.

431 F.3d 180 (2005)

Ellen Jeanette MORELAND, Petitioner-Appellee, v. The FEDERAL BUREAU OF PRISONS; Harley G. Lappin, Director, Bureau of Prisons; Joyce Francis, Warden, Federal Prison Camp—Bryan, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

November 10, 2005.

Attorney(s) appearing for the Case

Brent Evan Newton, Asst. Fed. Pub. Def. (argued), Houston, TX, for Moreland.

James Lee Turner, Asst. U.S. Atty. (argued), Houston, TX, for Respondents-Appellants.

Before BENAVIDES, STEWART and OWEN, Circuit Judges.

OWEN, Circuit Judge.

In this habeas corpus proceeding, we must determine whether a federal statute governing credit for good conduct unambiguously directs how that credit is to be calculated and applied.1 Because we conclude the statute is unambiguous, we do not address whether the rule of lenity applies or whether the Federal Bureau of Prisons' interpretation of the statute must be accorded deference...

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