Elmer James, Jr v. Warden John Nash

APS-13 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 05-1864
________________
ELMER JAMES, JR.,
Appellant
v.
WARDEN JOHN NASH
____________________________________
On Appeal From the United States District Court
For the District of New Jersey
(D.C. Civ. No. 05-CV-00498)
District Judge: Honorable Freda L. Wolfson
_______________________________________
Submitted For Possible Summary Action Under Third Circuit LAR 27.4 and I.O.P. 10.6
October 14, 2005
Before: SLOVITER, MCKEE AND FISHER, Circuit Judges.
(Filed November 9, 2005 )
_______________________
OPINION
_______________________
PER CURIAM
Elmer James, Jr. 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, James
argued that the Bureau of Prisons (BOP) was miscalculating his “good time credits”

-- 1 of 3 --

2
pursuant to 18 U.S.C. § 3624(b). James 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, 402 F.3d 172
(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.

-- 2 of 3 --

3

-- 3 of 3 --