Prisoners are persons whom most of us would rather not think about. Banished from everyday sight, they exist in a shadow world that only dimly enters our awareness. They are members of a "total institution" that controls their daily existence in a way that few of us can imagine. "[P]rison is a complex of physical arrangements and of measures, all wholly governmental, all wholly performed by agents of government, which determine the total existence of certain human beings (except perhaps in the realm of the spirit, and inevitably there as well) from sundown to sundown, sleeping, walking, speaking, silent, working, playing, viewing, eating, voiding, reading, alone, with others. . . ." It is thus easy to think of prisoners as members of a separate netherworld, driven by its own demands, ordered by its own customs, ruled by those whose claim to power rests on raw necessity. -- Justice William Brennan, dissenting in O’Lone v. Estate of Shabazz, 482 U.S. 342, 354-55 (1987).

Thursday, May 24, 2007

Miscalculated Sentence Revisited

In my earlier post, I described how the BOP had miscalculated my sentence, partly due to an awkwardly worded Judgment & Commitment (J&C) from the judge's office.

Fortunately, my lawyer was able to fax over the first and second amended J&C documents that describe my sentence more clearly.

Hopefully, within 2 weeks (according to my lawyer), maybe longer (according to the local Records Officer), I will have my release date corrected to June 28, one day earlier than my original calculation of June 29.

The one day disparity between my original calculation and the (apparent) correct calculation is due to the fact that I received one day 's credit for the day of my arraignment (ironically, June 29 of last year), even though I didn't spend any time "locked up." Apparently the FBI & US Marshal booking process constitutes custody and any partial day of custody counts as a full day.

You'll get no arguments from me.


Paul Eilers said...

So how did that work out with your previously scheduled flight?

Were you able to change flights? Did you have to spend the night in a hotel?

I guess I'll have to keep reading to find out.


Eat Well. Live Well.

Bill Bailey said...

My wife changed the flight to one day earlier and paid whatever the change fee was with US Air.

The alternative would have been to spend one night with my parents who lived an hour away, which would have been fine also I suppose.