Circuit split · criminal sentencing
Whether pretrial detention that is later credited as time served toward a sentence is imprisonment 'in connection with a conviction' that tolls the term of supervised release under 18 U.S.C. § 3624(e)
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- United States v. Goins516 F3D 416
Sixth Circuit Court of Appeals · February 13, 2008
“This is a difficult and close case, but today we part ways with the Ninth Circuit and hold that when a defendant is held for thirty days or longer in pretrial detention, and he is later convicted for the offense for which he was held, and his pretrial detention is credited as time served toward his sentence, then the pretrial detention is “in connection with” a conviction and tolls the period of supervised release under § 3624.” — Parts ways with another circuit
Empirical analysis of this case →
The provision at issue
18 U.S.C. § 3624 — Release of a prisoner
“(a) Date of Release.—A prisoner shall be released by the Bureau of Prisons on the date of the expiration of the prisoner's term of imprisonment, less any time credited toward the service of the prisoner's sentence as provided in subsection (b). If the date for a prisoner's release falls on a Saturday, a Sunday, or a legal holiday at the place of confinement, the prisoner may be released by the Bureau on the last preceding weekday. (b) Credit Toward Service of Sentence for Satisfactory Behavior.—(1) Subject to paragraph (2), a prisoner who is …”Read the full section →
What the split turns on
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