Richard Allen Tyree v. Larry E. Taylor, Warden

ORDER

The memorandum disposition filed February 18, 1992, 955 F.2d 48 (9th Cir.) is redesignated as an authored opinion by Judge Leavy.

OPINION

Warden Larry E. Taylor appeals the district court’s denial of his motion for reconsideration. We review “for an abuse of discretion, and we will reverse ‘only upon a clear showing of abuse of discretion.’ ” Molloy v. Wilson, 878 F.2d 313, 315 (9th Cir.1989) (emphasis in original) (quotation omitted). We affirm.

Taylor contends that the district court erred in granting Tyree credit against the sentence imposed upon him in the District of Utah for time Tyree spent in pretrial custody at a community treatment center. In particular, Taylor contends that Tyree received double credit because he already had received credit against the concurrent sentence imposed upon him in the Northern District of California. These contentions lack merit.

Time spent under substantial conditions of restraint in a community treatment center prior to trial is considered to be time “in custody” for the purpose of credit against the sentence imposed. Brown v. Rison, 895 F.2d 533, 536 (9th Cir.1990). In order for a prisoner to receive meaningful credit against…