Dist. Ct. did not err in denying defendant’s section 2241 petition that challenged Bureau of Prison’s calculation of his release date. Record showed that defendant received life sentence plus consecutive terms of 10 and 5 years’ imprisonment at time when Parole Commission and Reorganization Act applied, and that Bureau initially calculated release date as being February 2013, but later calculated release date as February of 2023. Second calculation of February 2023 was proper because, unlike initial calculation, it appropriately incorporated defendant’s consecutive terms of 10 and 5 years’ imprisonment. Moreover, Bureau must release defendant by February of 2023, unless Commission finds that defendant had frequently violated institution rules or that there was reasonable probability that defendant would commit future Federal, State or local crime.
Federal 7th Circuit Court
Criminal Court
Sentencing