Jacob Mathias Rubinstein v. Eric Rardin, Warden
HabeasCorpus
Does 'official detention' under 18 U.S.C. §3585(b) include restrictive forms of 'release' under 18 U.S.C. §3142(c) when those restrictions severely limit individual liberty?
1. Does "official detention" under 18 U.S.C. §3585(b) include, in addition to "detention" under 18 U.S.C. §3142(e), restrictive forms of "release" under 18 U.S.C. §3142(c) when those restrictions place the de fendant under a third party "custodian," limit 100% of his movement, restrict him from even basic indivi dual liberty, and make him liable for escape under 18 U.S.C. §751, in light of the facts that the title of 18 U.S.C. §3585(b) is "Credit for prior custody,", 18 U.S.C. §3142(c)(l)(B)(i) and (xiii) require defendants to remain in and return to "custody ," and 18 U.S.C. §751 penalizes escape from any "custody" ? 2. Was Reno v. Koray wrongly decided because it did not consider the above facts of law and, instead, relied only on the title of 18 U.S.C. §3142(e), "Detention," to serve as the definition for "official detention" in 18 U.S.C. §3585(b)? i