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No Good Time for Time Spent in State Custody before Imposition of Federal Sentence
Loaded on Aug. 15, 2012
published in Prison Legal News
August, 2012, page 43
Good conduct time (GCT) may not be awarded to a federal prisoner for time spent in state custody before receiving his federal sentence, the U.S. Court of Appeals for the Ninth Circuit has held.Russell Schleining was arrested in 2003 for burglary and attempted burglary. At the time of his …
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More from this issue:
- Federal Sex Offender Civil Commitment Process Under Fire, by Derek Gilna
- Ethics Complaint Against Former Oregon Prison Official Dismissed
- From the Editor, by Paul Wright
- Maryland Women Prisoners Sew Commemorative 1812 Flags
- Hawaii Audit Finds Offenders Rarely Pay Restitution Owed
- Prisoner Lacked Standing to Challenge Georgia’s Failure to Send Absentee Ballot to Jail
- Federal BOP to Let Prisoners Have MP3 Players
- $975,000 Award to Former Prisoner Who Gave Birth in Seattle, Washington Jail
- California Pays $295,000 to Settle Religious Discrimination Lawsuit by Sikh Barred from Employment as Prison Guard
- California Supreme Court Restricts Lifer Parole Challenges
- CA Court of Appeal: Documents Identifying Suppliers of Execution Drug are Public Records
- Florida Town Rallies to Stop CCA Immigration Detention Facility, by David Reutter
- PLN Settles Censorship Suit Against Sacramento County, California Jail
- U.S. Supreme Court Holds AG Rules Required Before SORNA Sex Offender Law is Applied Retroactively, by Derek Gilna
- New Mexico Sheriff Sentenced for Selling County Property on eBay
- Former Florida Sheriff Cleared in Theft Investigation and PHS Contract Fraud Suit
- Eleventh Circuit Upholds Florida DOC’s Ban on Pen Pal Solicitations, by David Reutter
- $50 Million in Grants Targets HIV in the Criminal Justice System
- Pro Se Virginia Prisoner Settles Religious Exercise Suit
- $3.5 Million Settlement in Teen’s Death at New York Juvenile Facility
- Texas Legislator Uses Prisoner-Made Goods as Gifts for Campaign Contributors, by Matthew Clarke
- Texas: Helping HIV+ Prisoners Receive Post-Release Meds
- BOP’s RDAP Program Unevenly Administered and Unnecessarily Costly, by Brandon Sample
- Florida Reports Indicate Restoration of Civil Rights Reduces Recidivism, by David Reutter
- Tenth Circuit Holds Sex Offenders Who Leave U.S. Must Still Register, by Derek Gilna
- Tainted Chicken Sickens Hundreds of Prisoners, Staff at Pennsylvania BOP Facility
- ACLU Challenges “Jail or Church” Program in Alabama
- “Fusion Centers” Gather Intelligence on U.S. Citizens, by Derek Gilna
- Kentucky Supreme Court Adopts Mailbox Rule Retrospectively
- Termination from Drug Treatment Program Fails to State Liberty Interest Claim
- California: ADA Protections Again Extended to Disabled State Prisoners Held in County Jails
- State Awarded Statutory Attorney Fees, Costs for Dismissed Washington PRPs, by Mark Wilson
- Fifth Circuit Rules on Prisoner’s ADA Claim; Issues Superseding Opinion
- Fourth Circuit: Where Offer of Judgment is Silent as to Costs, Prevailing Party Entitled to Recover Attorney’s Fees
- Ninth Circuit Grants Qualified Immunity to California Prison Officials for Denial of Outdoor Exercise During Lengthy Lock-down
- Tenth Circuit Affirms Denial of Qualified Immunity to Oklahoma Jail Official Who Failed to Follow Prescribed Medical Instructions
- First Circuit Holds that Delay in Treating HIV May Constitute Deliberate Indifference
- New York Court of Appeals Holds Sex Offense Does Not Prove Parental Neglect
- New Jersey Appellate Court Holds Attorneys for Female Prisoners Temporarily Transferred to All-Male Facility May be Entitled to Fees
- Single Incident of Deliberate Indifference Insufficient to Establish Policy or Custom
- Texas Teenager Killed at Private Juvenile Detention Center, by Matthew Clarke
- No Good Time for Time Spent in State Custody before Imposition of Federal Sentence
- Ninth Circuit Holds BOP Individual RDAP Determinations Not Subject to Judicial Review
- Washington State Court of Appeals Holds Payments to Class II Prison Workers Are “Wages” for Time-Loss Compensation Calculations, by Matthew Clarke
- Georgia Court Clerk Liable for Failure to Inform Prison Officials of Sentence Reduction
- Florida Death Row Prisoners Cannot Challenge Sentence Pro Se
- Former Mississippi Mayor Charged with Sexually Assaulting Prisoner
- “Voluntary” Work Program in Private Detention Centers Pays Detained Immigrants $1 a Day, by Yana Kunichoff
- Vermont DOC Disbands Citizens’ Advisory Group that Critics Called “Window Dressing” for Transparency, by Ken Picard
- News in Brief
More from these topics:
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- Texas State Jails Fail: Institutions Conceived as Safe Spots for Rehabilitation After Minor Drug Convictions Now Flooded With Drugs and Major Felons, March 1, 2026. Drug Overdose, Staffing, Rehabilitation/Recidivism, Good Time, Drug Treatment/Rehab.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- Third Circuit Rules Awarding BOP Prisoners 54 Days of Good Time Per Year Is Pro-Rated, Jan. 1, 2026. Good Time, First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Credits.
- CDCR May No Longer Use Sentence Credits to Advance Parole Eligibility of Some California Prisoners Serving Indeterminate Sentences, Dec. 1, 2025. Good Time, Constitution, state, Sentence, Credits, Reduction of Prison Population.
- Ex-Wife of Minnesota DOC Commissioner Sentenced for Poisoning Attempt on Son, Dec. 1, 2025. Out of State Transfers, Sentencing, Conspiracies, Attempts, Solicitations, Confessions and Statements of Defendant, Plea Agreements/Guilty Pleas.
- SCOTUS Overturns Oklahoma Prisoner’s Death Sentence After More than 25 Years on Death Row, Nov. 1, 2025. Ex Post Facto, Good Time, Wrongful Conviction, Habeas Corpus, Wrongful Imprisonment, Pardons/Clemency, First Step Act, Civil Asset Forfeiture Reform Act (CAFRA), Specific Offenses, Controlled Substances, Weapons, Accuracy of Information, Depraved Indifference Murder, Evidence - Circumstantial, Theft, Failure to Disclose, Perjury/Perjured Testimony, Evidence - Failure to Disclose, New Trial - Motions for, Pleas Linked to Cooperation, Evidence - Destruction/Fabrication/Manipulation of, Selective Prosecution/Enforcement, Improper Comments, Official Report, Withholding of Exculpatory Evidence, Exculpatory Evidence - Disclosure Obligations.
- Fourth Circuit Rules in Favor of Prisoner’s Eligibility for Time Credits, Nov. 1, 2025. Good Time, Habeas Corpus, First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Death/Bodily Injury, Sentencing Findings.
- California Approves Higher Wage for Prisoner Firefighters (But Still Underpays), Nov. 1, 2025. Work Release, Prison Labor, Injury -- Misc., Rehabilitation/Recidivism, Good Time.
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025. Good Time, Federal Extradition Act, Credits.

