Petitioners are not challenging a denial of CCF placement, but the categorical refusal of the BOP to provide any pre-release conditions to inmates who are not in CCFs, despite the statutory mandate to provide such conditions when "practicable." 18 USC. § 3624(c). Said another way, the petitioners challenge their continued confinement in a facility which has no pre-release conditions, but do not seek a compulsory transfer to a CCF .

It was, therefore, within the discretion of the BOP to release D'Amario in the District of New Jersey, the “place of [his] conviction.” 18 U.S.C. § 3624(d)(3).

A prisoner may receive 54 days of credit for every year that he serves towards his sentence, if the prisoner complies with the disciplinary rules of the prison. 18 U.S.C. § 3624(b). Assuming that Mr. Gomez-Ortiz complies with the prison’s disciplinary rules, the Bureau projected that he will receive 274 days of credit total.

Even though courts have not ever considered whether the rule of lenity could apply to § 2255, the Supreme Court recently contemplated whether the rule could apply to a similar statute governing post-sentence administration. See Barber v. Thomas, 560 U.S. ___ (2010) (contemplating whether the rule of lenity could apply to 18 U.S.C. § 3624 which governs the rules for awarding precustody credit, though ultimately determining that the particular statute discussed was not sufficiently ambiguous for application of the rule). As the government points out, subsection (f) was added to § 2255 in 1996 after Congress enacted the Antiterrorism and Effective Death Penalty Act (“AEDPA”).

4. Fines/Assessments (New Law Cases) Pursuant to Title 18 U.S.C. § 3624(e): "No prisoner shall be released on supervision unless such prisoner agrees to adhere to an installment schedule, not to exceed two years except in special circumstances, to pay for any fine imposed for the offense committed by such prisoner." a.