United States v. Anthony Burke

I respectfully dissent because I would hold that Burke was in custody. Our decisions have determined “custody” in contexts such as Burke’s by examining two factors: (1) the circumstances of the release, and (2) the extent of the restrictions on the defendant’s freedom. See, e.g., United States v. Baxley, 982 F.2d 1265, 1269 (9th Cir.1992); United States v. Jones, 569 F.2d 499 (9th Cir.1978); see also United States v. Sack, 379 F.3d 1177, 1179 (10th Cir.2004). Here, Burke was afforded supervised release to the Residential Reentry Center (the “RRC”) as part of his sentence. Moreover, the…