Barber v. Thomas
Mar 30, 2010
|Jun 7, 2010||6-3||Breyer||OT 2009|
Holding: A federal inmate is entitled to a credit of up to fifty-four days for every year of her term of imprisonment if she exhibits exemplary behavior during that year. The Supreme Court held that term of imprisonment refers to the length of the sentence actually served by the inmate, rather than the length of the sentence as imposed by the sentencing judge.
Plain English Summary:
Judgment: Affirmed, 6-3, in an opinion by Justice Stephen Breyer on June 7, 2010. Justice Kennedy dissented, joined by Justices Stevens and Ginsburg.
- Statutory incoherence takes the fun out of â€œgood timeâ€ credits under Section 3624(b)(1) (Carl Cecere)
- â€œGood timeâ€ sentence reductions under 18 U.S.C. Section 3624(b)(1) considered (Anna Christensen)
- Calculation of â€œgood timeâ€ sentencing credits (Erin Miller)
Briefs and Documents
- Brief for Petitioner Michael Gary Barber
- Brief for Respondent J.E. Thomas, Warden
- Reply Brief for Petitioner Michael Gary Barber
- Brief for the National Association of Criminal Defense Lawyers, the National Association of Federal Defenders, the Federal Public and Community Defenders in the United States, Families Against Mandatory Minimums, and the American Civil Liberties Union in Support of Petitioner
- Brief for Pierce O'Donnell in Support of Petitioner