Gaetano Izzo sought habeas corpus relief after he was denied entrance into the EOHDPP. To be eligible for the program, the prisoner must have served “the greater of 10 years or 75 percent of the term of imprisonment to which the offender was sentenced.” Izzo argued his earned good time should be considered in calculating whether he had served 75 percent of his sentence.
The Tenth Circuit disagreed. “[T]he phrase ‘term of imprisonment to which the offender was sentenced’ unambiguously refers to the term imposed by the sentencing court, without any consideration of good time credit,” the court wrote.
The district court’s denial of habeas relief was accordingly affirmed.
See: Izzo v. Wiley, 620 F. 3d 1257 (10th Cir. 2010).
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Related legal case
Izzo v. Wiley
|Cite||620 F. 3d 1257 (10th Cir. 2010)|
|Level||Court of Appeals|