Michael Antonelli v. Linda Sanders

U.S. Court of Appeals for the Eighth Circuit March 2, 2007

Michael Antonelli v. Linda Sanders, 217 F. App'x 570 (8th Cir. 2007)

Opinion

PER CURIAM.

Federal inmate Michael Carmie Antonelli appeals the district court’s 1 dismissal of his 28 U.S.C. § 2241 petition, in which he had challenged the method by which the Bureau of Prisons (BOP) calculated his good-conduct time under 18 U.S.C. § 3624(b)(1). We reject Antonelli’s arguments. See Bernitt v. Martinez, 432 F.3d 868, 869 (8th Cir. 2005) (per curiam) (§ 3624(b) is ambiguous and BOP’s calculation of good-conduct time, based on time actually served, is reasonable interpretation of § 3624(b); court will not resort to rule of lenity when ambiguity of statute can be otherwise resolved).

We agree with the district court that Antonelli’s motion for a stay of transfer is moot, and we decline his suggestion to construe that motion as an amendment to his petition.

Accordingly, the district court’s judgment is affirmed.

. The Honorable J. Thomas Ray, United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).

Reference

Full Case Name: Michael Carmie ANTONELLI, Appellant, v. Linda SANDERS, Warden, FCI, Forrest City, Arkansas, Appellee
Status: Unpublished