United States of America, Plaintiff-appellee, v. Adolpho Roberto Bara, Defendant-appellant, 61 F.3d 917 (10th Cir. 1995)

ORDER AND JUDGMENT¹ 

After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Adolph Roberto Bara (Bara) appeals from an order of the district court denying his motion for "Order Directing He Be Given Credit For Pretrial Custody In Halfway House Served as a Condition of Bail and Application for Bail on Writ."

Bara was indicted on one count of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. 846 and 841(a) (1) and 18 U.S.C. 2 and two counts of distributing cocaine in violation of 21 U.S.C. 841(a) (1). Following his arrest, Bara was held for nine days in federal custody. Thereafter, he was released on bond. As a condition of his release, Bara was required to reside at Independence House Family, a "halfway house" in Denver, Colorado.

Bara subsequently entered a plea of guilty to the conspiracy count and was sentenced on June 28, 1993, to 37 months imprisonment to be followed by four years of supervised release. Although the nine days which he had spent in federal custody were credited against his sentence, Bara was not credited for the approximately five months that he had spent in the halfway house.

On January 27, 1993, Bara filed his motion seeking credit against his sentence for the time he had served in the halfway house as a condition of his pretrial release. The district court denied Bara's motion via a minute order and Bara appealed.

On May 18, 1995, Bara filed his Appellant's Opening Brief in which he alleged that the time he had spent in the halfway house as a condition of his pretrial release must be credited against his sentence. On June 5, 1995, the United States Supreme Court held in Reno v. Koray, --- U.S. ---, 1995 WL 328304 (U.S.) that a defendant is not entitled to credit toward his sentence for time spent in a community treatment center. On June 6, 1995, Bara filed a citation of additional authorities in which he conceded that under Reno v. Koray, " [i]t is now settled that Appellant is not entitled to credit toward his sentence for the time he spent in a half way house as a condition of his pretrial release."

AFFIRMED. The mandate shall issue forthwith.