October Term 2018 · Docket 17-8995
Does pretrial detention count as serving a federal sentence?
The dispute centers on whether time spent in state jail before sentencing counts as serving a federal term.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Ms. Malone argued the statute uses plain, ordinary words.
She stated the tolling provision is unambiguous.
Ms. Ellickson argued the side that brought the case was not serving his federal term.
She noted he was in state jail for new crimes.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 10, lines 32-34 — Transcript, file page 10, lines 32-34
- Official Supreme Court Transcript — file page 10, lines 8-16 — Transcript, file page 10, lines 8-16
- Official Supreme Court Transcript — file page 11, lines 6-7 — Transcript, file page 11, lines 6-7
- Official Supreme Court Transcript — file page 26, lines 18-30 — Transcript, file page 26, lines 18-30
- Official Supreme Court Transcript — file page 4, lines 16-7 — Transcript, file page 4, lines 16-7
- Official Supreme Court Transcript — file page 4, lines 8-15 — Transcript, file page 4, lines 8-15
- Official Supreme Court Transcript — file page 5, lines 21-22 — Transcript, file page 5, lines 21-22
- Official Supreme Court Transcript — file page 5, lines 8-13 — Transcript, file page 5, lines 8-13
- Official Supreme Court Transcript — file page 6, lines 15-20 — Transcript, file page 6, lines 15-20
- Official Supreme Court Transcript — file page 6, lines 7-12 — Transcript, file page 6, lines 7-12
- Official Supreme Court Transcript — file page 7, lines 12-22 — Transcript, file page 7, lines 12-22
- Official Supreme Court Transcript — file page 7, lines 32-12 — Transcript, file page 7, lines 32-12
- Official Supreme Court Transcript — file page 8, lines 28-31 — Transcript, file page 8, lines 28-31
- Official Supreme Court Transcript — file page 8, lines 33-8 — Transcript, file page 8, lines 33-8
- Official Supreme Court Transcript — file page 9, lines 15-20 — Transcript, file page 9, lines 15-20
A citizen's guide to the whole case
What this case is about
The case asks if pretrial detention counts as serving a federal sentence. the side that brought the case argues it does not. The government argues it does.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 18-30 — Transcript, file page 26, lines 18-30
- Official Supreme Court Transcript — file page 4, lines 16-7 — Transcript, file page 4, lines 16-7
How the case got here
The Supreme Court heard oral argument in this case on February 26, 2019.
Official sources for this section
- Official Supreme Court Transcript — file page 4, lines 8-15 — Transcript, file page 4, lines 8-15
What each side wants
the side that brought the case wants the detention excluded from the sentence term.
The government wants the detention included in the sentence term.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 18-30 — Transcript, file page 26, lines 18-30
- Official Supreme Court Transcript — file page 4, lines 16-7 — Transcript, file page 4, lines 16-7
What each side says
the side that brought the case argues the statute uses plain, ordinary words.
The government argues the detention connects to the conviction.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 18-30 — Transcript, file page 26, lines 18-30
- Official Supreme Court Transcript — file page 4, lines 16-7 — Transcript, file page 4, lines 16-7
What the justices asked
Justice Ginsburg asked if the detention was treated as part of the sentence.
Chief Justice Roberts asked what the detention period connected to in the conviction context.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 32-34 — Transcript, file page 10, lines 32-34
- Official Supreme Court Transcript — file page 10, lines 8-16 — Transcript, file page 10, lines 8-16
- Official Supreme Court Transcript — file page 11, lines 6-7 — Transcript, file page 11, lines 6-7
- Official Supreme Court Transcript — file page 5, lines 21-22 — Transcript, file page 5, lines 21-22
- Official Supreme Court Transcript — file page 5, lines 8-13 — Transcript, file page 5, lines 8-13
- Official Supreme Court Transcript — file page 6, lines 15-20 — Transcript, file page 6, lines 15-20
- Official Supreme Court Transcript — file page 6, lines 7-12 — Transcript, file page 6, lines 7-12
- Official Supreme Court Transcript — file page 7, lines 12-22 — Transcript, file page 7, lines 12-22
- Official Supreme Court Transcript — file page 7, lines 32-12 — Transcript, file page 7, lines 32-12
- Official Supreme Court Transcript — file page 8, lines 28-31 — Transcript, file page 8, lines 28-31
- Official Supreme Court Transcript — file page 8, lines 33-8 — Transcript, file page 8, lines 33-8
- Official Supreme Court Transcript — file page 9, lines 15-20 — Transcript, file page 9, lines 15-20
Why it matters
This case defines how courts calculate federal sentence terms. It determines whether pretrial time reduces the remaining sentence. It affects how judges credit time served for new crimes.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 18-30 — Transcript, file page 26, lines 18-30
- Official Supreme Court Transcript — file page 4, lines 16-7 — Transcript, file page 4, lines 16-7
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 32-34 — Transcript, file page 10, lines 32-34
- Official Supreme Court Transcript — file page 10, lines 8-16 — Transcript, file page 10, lines 8-16
- Official Supreme Court Transcript — file page 11, lines 6-7 — Transcript, file page 11, lines 6-7
- Official Supreme Court Transcript — file page 4, lines 8-15 — Transcript, file page 4, lines 8-15
- Official Supreme Court Transcript — file page 5, lines 21-22 — Transcript, file page 5, lines 21-22
- Official Supreme Court Transcript — file page 5, lines 8-13 — Transcript, file page 5, lines 8-13
- Official Supreme Court Transcript — file page 6, lines 15-20 — Transcript, file page 6, lines 15-20
- Official Supreme Court Transcript — file page 6, lines 7-12 — Transcript, file page 6, lines 7-12
- Official Supreme Court Transcript — file page 7, lines 12-22 — Transcript, file page 7, lines 12-22
- Official Supreme Court Transcript — file page 7, lines 32-12 — Transcript, file page 7, lines 32-12
- Official Supreme Court Transcript — file page 8, lines 28-31 — Transcript, file page 8, lines 28-31
- Official Supreme Court Transcript — file page 8, lines 33-8 — Transcript, file page 8, lines 33-8
- Official Supreme Court Transcript — file page 9, lines 15-20 — Transcript, file page 9, lines 15-20
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 26, lines 18-30 — Transcript, file page 26, lines 18-30
- Official Supreme Court Transcript — file page 4, lines 16-7 — Transcript, file page 4, lines 16-7
- Official Supreme Court Transcript — file page 26, lines 18-30 — Transcript, file page 26, lines 18-30
- Official Supreme Court Transcript — file page 4, lines 16-7 — Transcript, file page 4, lines 16-7
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.