He will do 85% of the time unless he finds a way to lower the time.... sometimes inmates can qualify for a drug program that can knock off time .... I think 6 months.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Federal convictions result in a maximum credit for time served of 85%. The way that time is calculated, however, means that an inmate does slightly more than 85%. I believe the exact figure is 87.1%. The difference may not matter that much on a low sentence but if you're serving 30 years it can be significant.
18 USC Section 3624(b) authorizes the Federal Bureau of Prisons ("BOP") to award inmates "good conduct time" ("GCT") at a maximum rate of 54 days per year for any term or imprisonment that exceeds 12 months, but is less than life. Although that rate appears to require an inmate to serve only 85% of his or her sentence, the actual percentage is 87% based on BOP's GCT formula, which calculates those credits based on the actual time that the inmate will have served, versus the total length of the actual sentence imposed. If the inmate pled guilty to a firearms offense or the court determined that a firearm was possessed in connection with the offense (a specific offense characteristic found in U.S.S.G. § 2D1.1(b)(1)), or the inmate does not have a history of drug or alcohol abuse within the 12 month period immediately preceding his or her arrest, the inmate will not be eligible for BOP's Residential Drug Abuse Program known as "RDAP," the successful completion of which would have resulted in a 12 month sentence reduction on sentences of 37 months or more in length. Nonetheless, he or she will be considered for up to 12 months of community confinement (a combination of halfway house or "residential re-entry center" and home confinement) immediately prior to the expiration of the term or imprisonment.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP