U.S. Court of Appeals for the Fifth Circuit, 2006

Harwood v. Jeter

Harwood v. Jeter
U.S. Court of Appeals for the Fifth Circuit · Decided August 28, 2006 · Davis, Per Curiam, Smith, Wiener
196 F. App'x 311

Harwood v. Jeter

Opinion

PER CURIAM: *

Warren N. Rossin, federal prisoner # 87985-022, is serving a 240-month sentence for conspiracy to distribute marijuana. Rossin has appealed the district court’s dismissal of his 28 U.S.C. § 2241 petition challenging the method used by the Bureau of Prisons (BOP) to compute the good-time credit against his sentence authorized by 18 U.S.C. § 3624(b).

Rossin contends that the BOP formula reduces his sentence by only 46 days of *312 good-time credit for each year served, rather than the 54 days of credit specified by § 3624(b). Rossin argues that, although he is statutorily entitled to 1080 days of credit against his sentence for good behavior, he will receive only 941 days of sentence credit under the BOP formula.

Regardless whether Rossin’s sentence is computed on the basis of the BOP’s interpretation of § 3624(b) or his own, Rossin’s release is not imminent. In light of the “temporally distant and speculative nature of [Rossin’s] claim,” he has failed to establish an “immediate injury” that would be redressed by the relief that he seeks. See Sample v. Morrison, 406 F.3d 310, 312 (5th Cir. 2005). Accordingly, we conclude that Rossin’s § 2241 petition is not ripe for review and dismiss the appeal for lack of subject matter jurisdiction.

APPEAL DISMISSED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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