James Cavanaugh v. Tracy Johns , 459 F. App'x 261 ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7073
JAMES CAVANAUGH,
Petitioner - Appellant,
v.
TRACY JOHNS, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:10-hc-02025-BO)
Submitted: December 15, 2011 Decided: December 20, 2011
Before GREGORY, SHEDD, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James Cavanaugh, Appellant Pro Se. Christina Ann Kelley, BUREAU
OF PRISONS, Butner, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Cavanaugh, a federal prisoner, appeals the
district court’s order dismissing his 18 U.S.C. § 2241 (2006)
petition. On appeal, Cavanaugh argues that the Bureau of
Prisons erred in refusing to consider his vested good conduct
time in calculating his eligibility for the Elderly Offender
Home Detention Pilot Program. We agree with the district court
that Cavanaugh had not served the “greater of 10 years or 75
percent of the term of imprisonment to which [he] was
sentenced,” 42 U.S.C. § 17541(g)(5)(A)(ii) (2006), and he
therefore was ineligible for the program. See Izzo v. Wiley,
620 F.3d 1257, 1260 (10th Cir. 2010) (“Under a plain-language
analysis, we hold that the 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.”). We therefore affirm the district court’s
order on this ground. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED
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