Randall J. TANNER, Petitioner-Appellee, v. J.L. SIVLEY, Warden, Respondent-Appellant

This is an appeal by the United States from a district court order granting a habeas corpus petition pursuant to 28 U.S.C. § 2241 . At issue is whether petitioner should be given credit for time spent in a community treatment center as a condition of probation.

On September 29, 1986, petitioner Randall J. Tanner pleaded guilty in the United States District Court for the Western District of Texas to the use of an unauthorized access device, in violation of 18 U.S.C. § 1029 (a)(2). The court sentenced Tanner to five years imprisonment, but suspended execution of the sentence and placed Tanner on probation for an equivalent term. On October 24,1988, the court ordered Tanner to reside at a community treatment center as a condition of probation. Tanner resided at the center for 120 days. On November 2, 1989, the district court in Texas found that Tanner had violated the conditions of his probation. Accordingly, the court revoked Tanner’s probation and sentenced him to a five-year term of imprisonment. Tanner was incarcerated at the Federal Correctional Institution in Saf-ford, Arizona. In April 1993 he filed this petition for writ of habeas corpus in the United States…