Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit

10-31-2005

Betancourt v. Bur Prisons Precedential or Non-Precedential: Non-Precedential

Docket No. 05-2150

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Recommended Citation "Betancourt v. Bur Prisons" (2005). 2005 Decisions. Paper 304. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/304

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

NO. 05-2150 ________________

FRANCISCO J. BETANCOURT, Appellant v.

BUREAU OF PRISONS ____________________________________

On Appeal From the United States District Court For the District of New Jersey (D.C. Civ. No. 05-cv-00045) District Judge: Honorable Garrett E. Brown, Jr. _______________________________________

Submitted For a Determination of Whether a Certificate of Appealability is Necessary, and for Possible Summary Action Under Third Circuit LAR 27.4 and I.O.P. 10.6 October 6, 2005

Before: SLOVITER, MCKEE and FISHER, Circuit Judges.

(Filed: October 31, 2005)

_______________________

OPINION _______________________

PER CURIAM

Francisco J. Betancourt appeals from an order of the United States District Court

for the District of New Jersey, denying his petition for habeas corpus. In his petition,

Betancourt argued that the Bureau of Prisons (BOP) was miscalculating his “good time credits” pursuant to

(b). Betancourt argued that the BOP incorrectly

based its calculations on the number of days actually served rather than the length of the

sentence imposed.

We recently addressed the identical arguments in O’Donald v. Johns,

(3d Cir. 2005). We concluded, as did the District Court here, that the BOP’s

interpretation of the statute, which utilizes a formula based on the time actually served, is

reasonable. We therefore will affirm the District Court’s order.1

1 To the extent a certificate of appealability is necessary, it is hereby denied.

2