Barber v. Thomas

Holding: A federal inmate is entitled to a credit of up to fifty-four days for every year of her term of imprisonment if she exhibits exemplary behavior during that year. The Supreme Court held that term of imprisonment refers to the length of the sentence actually served by the inmate, rather than the length of the sentence as imposed by the sentencing judge.

Judgment: Affirmed, 6-3, in an opinion by Justice Stephen Breyer on June 7, 2010. Justice Kennedy dissented, joined by Justices Stevens and Ginsburg.

Briefs and Documents

Merits Briefs

• Brief for Petitioner Michael Gary Barber
• Brief for Respondent J.E. Thomas, Warden
• Reply Brief for Petitioner Michael Gary Barber

Amicus Briefs

• Brief for the National Association of Criminal Defense Lawyers, the National Association of Federal Defenders, the Federal Public and Community Defenders in the United States, Families Against Mandatory Minimums, and the American Civil Liberties Union in Support of Petitioner
• Brief for Pierce O’Donnell in Support of Petitioner

Certiorari-Stage Documents

• Petition for certiorari
• Brief of the United States in opposition