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Second Circuit — Custody: United States v. Edelman

U.S. Court of Appeals for the Second Circuit

Custody

Residential Reentry Facility — Escapee

United States v. Edelman
12-2166
Judges Jacobs, Pooler and Wesley

Background: Following a jury trial, the defendant was convicted of three counts of possession with intent to distribute and one count of escape. The defendant argued that he was not an escapee because his placement in a residential reentry facility or halfway house as a condition of the modification of his supervised release did not constitute “custody” by virtue of a conviction.

Ruling: The Second Circuit affirmed. The court held that the defendant’s placement in a residential reentry facility as a condition of the modification of his supervised release constitutes custody by virtue of a conviction of any offense. Specifically, the statute in question refers to any custody, suggesting the term should have a broad interpretation.

Kenneth M. Moynihan for the defendant-appellant; John G. Duncan, assistant United States attorney, for the appellee