United States v. Jackie Lynn Westmoreland

KENNEDY, Circuit Judge.

Defendant Westmoreland appeals from the District Court’s order denying his post-conviction motion asking for sentence credit for the time spent at a halfway house and in a residential substance abuse program prior to sentencing. The District Court denied the motion, holding that the time spent at the institutions did not amount to official detention under 18 U.S.C. § 3585. We now REVERSE that decision and REMAND to the District Court with instructions to dismiss the motion for lack of jurisdiction.

At the time of the District Court’s decision, .the law of this Circuit…