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U.S. v. WESTMORELAND

No. 91-6153.

974 F.2d 736 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Jackie Lynn WESTMORELAND, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 10, 1992.

Attorney(s) appearing for the Case

Ed Holt, Asst. U.S. Atty. (argued and briefed) and Jerry G. Cunningham, U.S. Atty., Office of the U.S. Atty., Knoxville, Tenn., for plaintiff-appellee.

Ronald P. Smith (argued and briefed), Knoxville, Tenn., for defendant-appellant.

Before: KENNEDY and SILER, Circuit Judges; and ENGEL, Senior Circuit Judge.

KENNEDY, Circuit Judge.

Defendant Westmoreland appeals from the District Court's order denying his post-conviction motion asking for sentence credit for the time spent at a halfway house and in a residential substance abuse program prior to sentencing. The District Court denied the motion, holding that the time spent at the institutions did not amount to official detention under 18 U.S.C. § 3585. We now REVERSE that decision and REMAND to the District Court with...

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