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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- RENO, ATTORNEY GENERAL, et al. v. KORAY
- certiorari to the united states court of appeals for
- the third circuit
- No. 94-790. Argued April 24, 1995-Decided June 5, 1995
-
- Under 18 U. S. C. 3585(b), a defendant generally must ``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 com-
- mences.'' Before respondent's federal sentence commenced, he was
- ``released'' on bail pursuant to the Bail Reform Act of 1984 and
- ordered confined to a community treatment center. After his prison
- sentence began, the Bureau of Prisons (BOP) relied on its estab-
- lished policy in refusing to credit toward his sentence the time he
- had spent at the treatment center. He exhausted his administrative
- remedies and then filed a federal habeas petition. A District Court
- denied his petition on the ground that his stay at the center was
- not ``official detention'' under 3585(b). In reversing, the Court of
- Appeals declined to defer to BOP's view that time spent under
- highly restrictive conditions while ``released'' on bail is not ``official
- detention'' because a ``released'' defendant is not subject to BOP's
- control. It reasoned instead that ``official detention'' includes time
- spent under conditions of ``jail-type confinement.''
- Held: The time respondent spent at the treatment center while
- ``released'' on bail was not ``official detention'' within the meaning of
- 3585(b). Pp. 3-15.
- (a) Viewed in isolation, the phrase ``official detention'' could either
- refer, as the Government contends, to a court order detaining a
- defendant and committing him to the custody of the Attorney
- General for confinement, or, as respondent argues, to the restrictive
- conditions of his release on bail under an ``official'' order that
- significantly curtailed his liberty. Examination of the phrase in
- light of the context in which it is used, however, reveals that the
- Government's interpretation is correct. P. 5.
- (b) The ``official detention'' language must be construed in con-
- junction with the Bail Reform Act of 1984, since 3585(b) provides
- credit only for presentence restraints on liberty and since it is the
- Bail Reform Act which authorizes federal courts to place such
- restraints on a defendant's liberty. That Act provides a court with
- only two choices: It may either ``release'' a defendant on bail, 18
- U. S. C. 3142(c), or order him ``detained'' without bail, 3142(e). A
- defendant suffers ``detention'' only when committed to the Attorney
- General's custody, 3142(i)(2); a defendant admitted to bail, even on
- restrictive conditions like respondent was, see 3142(c), is ``released.''
- Pp. 5-7.
- (c) Section 3585(a) and related sentencing provisions confirm the
- view that 3585(b) is available only to those defendants who were
- detained in a penal or correctional facility and subject to BOP's
- control. The context and history of 3585(b) also support this
- reading. The provision reduces a defendant's ``imprisonment'' by the
- amount of time spent in ``official detention'' before his sentence,
- strongly suggesting that the presentence ``detention'' period must be
- equivalent to the ``imprisonment'' itself. And nothing suggests that
- when Congress replaced 3568 with 3585(b), it substituted the
- phrase ``official detention'' for ``in custody'' because it disagreed with
- the Courts of Appeals' uniform rule that 3568 denied credit to
- defendants released on bail. To the contrary, Congress presumably
- made the change to conform the credit statute to the nomenclature
- used in related sentencing provisions and in the Bail Reform Act of
- 1984. Pp. 7-9.
- (d) In an internal guideline, BOP likewise has interpreted the
- phrase ``official detention'' to require credit only for a defendant's
- time spent under a 3142 ``detention order.'' This is the most
- natural reading of the phrase, and the internal guideline of the
- agency charged with administering the credit statute is entitled to
- some deference where it is a permissible construction of the statute.
- Pp. 9-11.
- (e) In contrast, respondent's reading of ``official detention'' is
- plausible only if the phrase is read in isolation. But even then, it
- is not the only plausible interpretation. Respondent correctly notes
- that a defendant ``released'' to a treatment center could be subject
- to restraints which do not materially differ from those imposed on
- a ``detained'' defendant who is assigned to a treatment center as
- part of his sentence. However, that fact does not undercut the
- important distinction between all defendants ``detained'' and all
- defendants ``released'' on bail: The former always remain completely
- subject to BOP's control. The Court of Appeals' alternative con-
- struction would require a fact-intensive inquiry into the circum-
- stances of confinement in each case to determine whether a defen-
- dant ``released'' on bail was subjected to ``jail-type confinement.''
- On the other hand, the Government's construction provides both it
- and a defendant with clear notice of the consequences of a ``release''
- or ``detention'' order. Finally, the rule of lenity does not apply here.
- A statute is not ``ambiguous'' for purposes of the rule merely be-
- cause there is a division of judicial authority over its proper con-
- struction. Rather, the rule applies only if, after seizing everything
- from which aid can be derived, this Court can make no more than
- a guess as to what Congress intended. That is not this case.
- Pp. 11-14.
- 21 F. 3d 558, reversed and remanded.
- Rehnquist, C. J., delivered the opinion of the Court, in which
- O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, and
- Breyer, JJ., joined. Ginsburg, J., filed a concurring opinion.
- Stevens, J., filed a dissenting opinion.
-