Yesterday’s daily journal includes grants of two interesting Army pretrial confinement credit issues:
No. 07-0826/AR. U.S. v. Bennie B. GOGUE. CCA 20050650. Review granted on the following issue raised by the Appellant:
WHETHER, PURSUANT TO 18 U.S.C. § 3585, APPELLANT IS ENTITLED TO CREDIT TOWARD THE CONFINEMENT ADJUDGED BY A COURT-MARTIAL FOR CONFINEMENT AT STATE FACILITIES SERVED FOR CHARGES UNRELATED TO HIS COURT-MARTIAL SENTENCE AND NOT CREDITED AGAINST ANOTHER SENTENCE.
and the following issue specified by the Court:
WHETHER, UNDER UNITED STATES v. WILSON, 503 U.S. 329 (1992), MILITARY JUDGES LACK THE AUTHORITY TO CALCULATE AND APPLY PRETRIAL CONFINEMENT CREDIT.
No. 07-0856/AR. U.S. v. Dustin A. OWENS. CCA 20070264. Review granted on the following issue specified by the Court:
WHETHER, UNDER 18 U.S.C. § 3585, APPELLANT IS ENTITLED TO CONFINEMENT CREDIT FOR A PERIOD OF INCARCERATION THAT HE SERVED IN A STATE FACILITY FOR A STATE OFFENSE UNRELATED TO THE COURT-MARTIAL.
Neither case appears on ACCA’s web site or on LEXIS — it appears that ACCA reviews a huge number of cases, including many with issues that CAAF finds interesting, with just a short-form affirmance.
Here’s the text of 18 U.S.C. § 3585(b):
(b) Credit for prior custody. 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.