Tablada

Tablada v. Daniels

Good Law
United States Court of Appeals for the Ninth CircuitJuly 2, 200807-35538California4,223 words

Opinion

Opinion

I. BACKGROUND & PROCEDURE

Ismael Tablada is an inmate at the Federal Correctional Institute in Sheridan, Oregon. Tablada was convicted of a nar- cotics offense in the District of Minnesota. On December 17, 1990, he was sentenced to a 20-year term of imprisonment, followed by 10 years of supervised release. As of February 2007, Tablada’s projected release date, taking into consider- ation his good time credit, was April 16, 2008.

On October 31, 2006, Tablada filed an amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. In the petition, Tablada challenges the BOP’s calculation of good time credits pursuant to the good time credit statute, 18 U.S.C. § 3624(b). Tablada contends that in promulgating its method for calculation of good time conduct credit in 28 C.F.R. § 523.20 and Program Statement 5880.28, Sentence Computa- 1 Tablada’s projected release date has passed. This fact, however, does not render his appeal moot because his sentence includes a term of super- vised release. See Mujahid v. Daniels, 413 F.3d 991, 994-995 (2005) (“The ‘possibility’ that the sentencing court would use its discretion to reduce a term of supervised release under 18 U.S.C.…

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