Mychal Stevens Lahey v. C.E. Floyd, Warden
Opinion
Opinion
Noonan, J.
Mychal Stevens Lahey brought an action of habeas corpus seeking credit against his sentence for time spent on bail under court orders to observe certain conditions of conduct and residence. The district court denied his petition. Finding that the conditions of his bail did not approach those of official custody, we affirm.
FACTS
Lahey was arrested on September 23,1988 for possession of cocaine with intent to distribute. The crime charged was committed after November 1, 1987, the effective date of the Comprehensive Crime Control Act of 1989, of which 18 U.S.C. § 3585 (b) is a part. Lahey was in custody until October 11, 1988. He was then released on bond pending trial. The conditions of his release were as follows:
1. You shall report to and comply with the rules and regulations of the Pretrial Services Agency;
2. You shall report in person to the Pretrial Services Agency on the first working day following your release from custody;
3. You are released to the third party custody of Timothy Lahey, 592 Michael Lane, Lafayette, California 94549, (415) 283-8023;
4. You are to reside in the residence of Timothy Lahey and not absent yourself from this residence for more than 24…