Peters

I. Facts and Procedural History

Peters consumed a number of alcoholic beverages and then boarded a flight during which he became increasingly obnox- ious and ended up assaulting a fellow passenger. He pled guilty to assault in violation of 18 U.S.C. § 113(a)(4). On June 5, 2006, the district court sentenced Peters to a two-year 19376 UNITED STATES v. PETERS term of probation, during the first six months of which he was required to serve weekend jail time, to abstain from drinking alcohol, and to complete any drug treatment program ordered by the United States Probation Office.

On or about June 14, 2006, police arrested Peters, who had a blood alcohol level of .263 percent. On July 20, 2006, Peters absconded from a residential drug treatment center at which he had been ordered to reside. On August 18, 2006, Peters admitted to having violated both of the alcohol-related condi- tions of his probation. This district court revoked Peters’s pro- bation and sentenced him to four months in custody, “with credit for time served from the defendant’s arrest on August 9, 2006.” Peters appealed the district court’s refusal to give him credit against the four months for…