Cite as: 503 U. S. 329 (1992)
Stevens, J., dissenting
must, of course, be resolved by the judge. The only question that remains, then, is when the judge shall resolve the issue—at the time of sentencing, when the defendant is represented by counsel, or at some later date, after the defendant has begun to serve his sentence.
The credit at issue in this case was a period of almost 14 months that respondent had spent in state custody before he entered into a plea agreement with the federal prosecutor.5 Prior to the amendment of § 3585(b),6 which became effective in 1987, the statute—at least as construed by the Sixth Circuit where this case arose—did not authorize a credit for time spent in state custody. See United States v. Blank-enship, 733 F. 2d 433, 434 (1984).7 Consistent with that pre-amendment practice, the District Court denied respondent's request for credit for the 14 months that he had spent in state custody.8 There are two points that emerge from that
5 In the District Court, the Government did not take any position with respect to respondent's request for jail credit, stating that "as to defense's petition that the time spent incarcerated on state charges for the crimes which occurred prior to the federal conspiracy, that's up to the court and the government takes no position as to that." Tr. 86. In the Court of Appeals, however, the Government contended that respondent was not entitled to the credit. See Brief for Appellee in No. 89-6583 (CA6), pp. 14-15.
6 Before § 3585 became effective, 18 U. S. C. § 3568 (1982 ed.) governed credit for presentence time spent in official detention.
7 See also United States v. Garcia-Gutierrez, 835 F. 2d 585, 586 (CA5 1988) (construing former § 3568).
8 "IT IS THE JUDGMENT OF THIS COURT THAT defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of: "Ninety six months (96), which includes an upward departure of thirty-three months. Defendant is unable to pay a fine, or the cost of his incarceration or supervised release. Defendant will not be given any credit for the time spent in state custody." Record, Doc. No. 56. The Government defended this ruling in its brief to the Court of Appeals, arguing:
"Although there is some authority that a defendant is entitled to credit for time served in state custody once a federal detainer has been lodged, the state confinement must be the product of action by federal law enforce-
339
Page: Index Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: October 4, 2007