Francisco Pacheco-Camacho v. Robert Hood, Warden, Federal Correctional Institution, Sheridan Oregon

Francisco Pacheco-Camacho was an exemplary prisoner. Serving his sentence of a year and a day, he earned the maximum number of good time credits permissible under federal law. Pacheco says that number is fifty-four days, but Bureau of Prisons (BOP) regulations allow him only forty-seven. This appeal is about the disputed seven days.

I

A federal prisoner may receive “up to fifty-four days at the end of each year of the prisoner’s term of imprisonment, beginning at the end of the first year of the term,” subject to the BOP’s determination that “during that year, the prisoner has displayed exemplary compliance with institutional disciplinary regulations.” 18 U.S.C. § 3624 (b)(1). Under this scheme, at the end of each year, the BOP determines whether the prisoner has been naughty or nice. If the latter, it may award him credit for an extra fifty-four days towards the remainder of his sentence.

The counting gets a bit tricky during the last year — or portion of a year — of the prisoner’s sentence, because he obviously can’t wait until the year’s end to receive his credit. Recognizing this, the law provides that “credit for the last year or portion of a year of the term of…