Thomas F. Mills v. Larry F. Taylor, Warden
Opinion
Opinion
Poole, J.
I.
From March 22, 1989 to November 6, 1989, appellee Thomas F. Mills resided at the Independence House, a community treatment center (Center) in Denver, Colorado, following his arrest in Colorado on drug charges. Mills was placed in the custody of the Center as a condition of release pending trial and sentencing. On October 6, 1989, Mills was sentenced in the district of Colorado to a term of imprisonment of 30 months and a three-year term of supervised release.
Mills began service of his sentence at the Federal Prison Camp in Boron, California on November 6, 1989. On July 16, 1990, he filed his first petition for writ of habeas corpus, seeking credit against his sentence for the time spent at the Center. This petition was dismissed without prejudice, however, to allow Mills to exhaust his administrative remedies with the Bureau of Prisons (BOP). The BOP denied the re quest for credit. On January 15, 1991, Mills’ second petition was granted, and the appellant was ordered to award Mills jail time credit for the time spent at the Center prior to sentencing. The government appeals the grant of the petition for writ of habeas corpus. We affirm.