I was arrested on federal charges in May of 2004 :( . A condition of my bond was electronic monitoring otherwise known as house arrest. My sentencing is set for January 14, 2005. I would like to know if my seven and half months on house arrest prior to trial, conviction and sentencing is considered time served and can be taken off my sentence.

The PSI report came back with a level 19 and the points were messed up :( as the US attourny double counted stuff. My attourny is trying to get it down to a 12 or a 10 (a 12 is the level for Conspiracy which is what I was found guilty of, but the whole trial was rigged - my ex testified against me and he wasn't even there! He wanted custody of our kid and looks like he's going to get him since he told the jury that). So knowing this information would be very helpful as it would answer how long I should have so that the US Attourny can't screw with the amount of time since he wrote the PSI report and not the PO.

Any information is appricated!

What do you mean the AUSA wrote the PSI??? Very weird. Please note that both the AUSA and your attorney have the opportunity and right to give the PSI writer your version of the events. Often the PO takes the government's version verbatim. Is that what you mean?

As to your first question, It is possible for you to get credit for the house arrest time but you have to fight for it. It is not a given and many judges dont view house arrest as incarceration. Your lawyer should know about how to go about doing that.

Thanks for the information.

The first 3 or 4 pages of the PSI report were verbatum from the indictment and not the actual facts (actually they added stuff that were lies and not even discussed in court). The PO officer told me that the AUSA wrote it and then the AUSA told him the points that I was to recieve. Then the PO wrote the rest of the report based on my interview.
The interview part of the PSI report was correct. The part that the AUSA did was not. There was a count that was severed and the AUSA included it in the points and in the report when it hasn't been heard!:angry:

I am hoping to get my time on house arrest. There was no reason for the house arrest. I had never done anything in my life, never did anything in school, two traffic tickets in my entire life and because I knew these people (vaguely) I got lumped with them when there was 12 other people with them. Nothing was proved, the jury found one of us guilty and found all of us guilty.

"I would like to know if my seven and half months on house arrest prior to trial, conviction and sentencing is considered time served and can be taken off my sentence."

HOUSE ARREST GENERALLY DOES NOT COUNT AS TIME SERVED :(

"I would like to know if my seven and half months on house arrest prior to trial, conviction and sentencing is considered time served and can be taken off my sentence."

HOUSE ARREST GENERALLY DOES NOT COUNT AS TIME SERVED :(

No, if you're released you're released - no matter the conditions of that release. Detention get you credit - not release.

Statutory Authority as it relates to jail credit (prior custody credit): Prior custody time credit is controlled by 18 United States Code § 3585(b), and states, "A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences--

(1) as a result of the offense for which the sentence was imposed; or

(2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed;

that has not been credited against another sentence."

Keep in mind that the KEY words here are "OFFICIAL DETENTION".

Now "Official detention" is defined as time spent under a federal detention order. This also includes time spent under a detention order when the court has recommended placement in a less secure environment or in a community based program as a condition of presentence detention. A person under these circumstances remains in "official detention", subject to the discretion of the Attorney General and the U.S. Marshals' Service with respect to the place of detention. Those defendants placed in a program and/or residence as a condition of detention are subject to removal and return to a more secure environment at the discretion of the Attorney General and the U.S. Marshals' Service, and further, remain subject to prosecution for escape from detention for any unauthorized absence from the program/residence. Such a defendant is not eligible for any credits while released from detention.

In Reno v. Koray, 115 S.Ct 2021 (1995), the
U.S. Supreme Court held that time spent under restrictive conditions of release (including time spent in a community treatment center (CCC) or similar facility) was not official detention entitling an inmate to prior custody time credit under 18 U.S.C. § 3585(b). The court found that the interaction of the Bail Reform Act and 18 U.S.C. § 3585(b) supported the Bureau of Prisons' interpretation that a defendant is either released (with no credit for time under conditions of release) or detained (with credit for time in official detention).

Koray has also overruled Brown v. Rison, 895 F.2d 895 (9th Cir. 1990). As a result, the awarding of presentence time credit under 18 U.S.C. § 3568 for time spent under
restrictive conditions was also discontinued. Brown is the Ninth Circuit case that required the Bureau of Prisons to give time credit to a sentence for time spent in a CCC or similar facility.

The Koray decision means, therefore, that time spent in residence in a CCC or similar facility as a result of the Pretrial Services Act of 1982 (18 U.S.C. § 3152-3154), or as a result of a condition of bond or release on own recognizance (18 U.S.C. § 3141-3143, former 3146), or as a condition of parole, probation or supervised release, is not creditable to the service of a subsequent sentence. In addition, a release condition that is "highly restrictive," and that includes "house
arrest", "electronic monitoring" or "home confinement"; or such as requiring the defendant to report daily to the U.S. Marshal, U.S. Probation Service, or other person; is not considered as time in official detention. In short, under Koray, a defendant is not entitled to any time credit off the subsequent sentence, regardless of the severity or degree of restrictions, if such release was a condition of bond or release on own recognizance, or as a condition of parole, probation or supervised release.

I hope this helps.

Greyghost

Hi
I wanted to ask you a question if someone was given a 87 month sentence and his expected release date is 9/24/08 according to the BOP does he have to do all that time

thank you and God Bless

If the locator says his release date is 9/24/08 then that is his projected release date.

Does that count good time? I guess I am praying for a miracle

Yes, the projected release date includes good conduct time.