Opinion
21-cr-20087
05-19-2022
UNITED STATES OF AMERICA, Plaintiff, v. RASHIMEIR C. STANLEY, Defendant.
ORDER DENYING DEFENDANT'S MOTION TO RECEIVE CREDIT FOR HOME INCARCERATION (ECF No. 29)
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE.
On October 7, 2021, this Court sentenced Defendant Rashimeir C. Stanley to 27 months incarceration. Prior to sentencing, Stanley was released on home detention while his case was pending. (See Order, ECF No. 13.) Stanley has now filed a motion seeking credit toward his term of incarceration for this time spent on home detention. (See Mot., ECF No. 29.) The Court DENIES Stanley's motion because he is not entitled to credit for his time spent in home detention.
Under 18 U.S.C. § 3585(b), criminal defendants are entitled to credit toward their term of imprisonment for time “spent in official detention prior to the date the sentence commences [...] as a result of the offense for which the sentence was imposed[.]” As the Sixth Circuit has held, “official detention” means “physical incarceration, ” and it does not include home detention like that to which Stanley was released prior to his sentencing. United States v. Becak, 954 F.2d 386 (1992) (holding that home confinement does not constitute “official detention” under Section 3585(b)). Accordingly, Stanley is not entitled to credit for his time spent on home detention, and his motion (ECF No. 29) is therefore DENIED.
IT IS SO ORDERED.