Friday, November 07, 2008

U.S. v. Miller, No. 07-30481 (11-7-08). Defendant was getting to the end of his sentence, and so was transferred by BOP to a state (Idaho) county jail, where he was on work release. He finally got out, and subsequently was arrested and found with drugs. He argued that his time in the county jail should count toward his supervised release term, in which case he had served his term, and could not be revoked. Alas, unlike in U.S. v. Sullivan, 504 F.3d 969 (9th Cir. 2007), where the defendant had been serving a state sentence when placed on work release, the defendant here was still in BOP "custody," and his transfer was to a federal pre-release center, and under 3642(c) counts as confinement.


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