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LOPEZ v. TERRELL

Docket No. 10-2079-pr.

654 F.3d 176 (2011)

Frank LOPEZ, Petitioner-Appellee, v. Duke TERRELL, as Warden, Metropolitan Correctional Center, New York, Joe Norwood, as Regional Director, Northeast Region, Federal Bureau of Prisons, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 13, 2011.

Attorney(s) appearing for the Case

Michael J. Byars , Assistant United States Attorney ( Benjamin H. Torrance , Assistant United States Attorney, on the brief), for Preet Bharara , United States Attorney for the Southern District of New York, for Respondents-Appellants.

Joshua W. Sussman ( Roberto Finzi and Robert A. Weinstock , on the brief), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, for Petitioner-Appellee.

Judge CALABRESI concurs in a separate opinion.

HALL, Circuit Judge:

Petitioner-Appellee Frank Lopez challenges the manner by which the Federal Bureau of Prisons ("BOP") calculates Good Conduct Time ("GCT") under 18 U.S.C. § 3624(b). Lopez maintains 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 (in addition to his time in custody following sentencing), even though those 94 months were credited to a...

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