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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 94-790
- --------
- JANET RENO, ATTORNEY GENERAL, et al., PETI-
- TIONERS v. ZIYA K. KORAY
- on writ of certiorari to the united states court
- of appeals for the third circuit
- [June 5, 1995]
-
- Justice Ginsburg, concurring.
- As the Government reads 18 U. S. C. 3585(b), Koray
- gains credit against his sentence for the two months he
- spent in jail, but not for the five months' close confine-
- ment he encountered at the halfway house. The Court
- cogently explains why it adopts the Government's
- interpretation. I write separately to point out that
- Koray has not argued before us that he did not elect
- bail intelligently, i.e., with comprehension that time in
- the halfway house, unlike time in jail, would yield no
- credit against his eventual sentence. The Court thus
- does not foreclose the possibility that the fundamental
- fairness we describe as -due process- calls for notice and
- a comprehension check. Cf. Fed. Rule Crim. Proc. 11
- (setting out information a court is to convey to assure
- that a defendant who pleads guilty understands the
- consequences of the plea).
-