UNITED STATES OF AMERICA v. BRICETON GRANT
US Court of Appeals for the Fourth Circuit, Motz, July 6, 2017,
Sentencing (Credit)- A defendant who was mistakenly released from jail early does not get credit for time he should have served but did not

Facts:
Grant violated his federal probation and was sentenced to 15 days in jail. However, the US Marshals mistakenly released Grant 11 days early.
Once the court became aware of the issue, it ordered that Grant return to jail on weekends to serve the remaining time.
Grant appealed, arguing that he shouldn’t have to go back to jail because the government was negligent in releasing him.

Held: Where a prisoner did not cause the mistaken early release and the state had no malicious intent in releasing the prisoner, no credit is granted for a mistaken early release.

Right to credit for mistaken release- Two factors are frequently used in analyzing whether credit should be given for a mistaken early release from confinement: the role of the prisoner and the malicious intent of the state

Right to credit for mistaken release- There is no burden of proof on the government to show that it was not negligent in releasing the detainee