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U.S. v. IDE

No. 09-4833.

624 F.3d 666 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Dana Michael IDE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 12, 2010.

Attorney(s) appearing for the Case

ARGUED: Jonathan D. Byrne , Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. Blaire L. Malkin , Office of the United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Mary Lou Newberger , Federal Public Defender, Christian M. Capece , Assistant Federal Public Defender, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. Charles T. Miller , United States Attorney, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Judge SHEDD and Judge CONRAD joined.

OPINION

KEENAN, Circuit Judge:

In this appeal, we consider whether a term of supervised release is tolled under 18 U.S.C. § 3624(e) while a defendant is held in pretrial detention on charges for which he is later convicted. We agree with the majority of our sister circuits that have addressed this question and hold that, under these circumstances, the defendant's supervised release term is tolled. We therefore affirm the district court's judgment.<...

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