Tobey v. United States
2011 U.S. Dist. LEXIS 69714
| D. Maryland | 2011Background
- Tobey pled guilty in May 2003 to unlicensed firearms dealing and was sentenced to 5 years with 3 years of supervised release.
- A certification under 18 U.S.C. § 4248(a) as a sexually dangerous person was filed one day before Tobey’s scheduled release, staying his release.
- Tobey remained in Bureau of Prisons custody awaiting a civil-commitment hearing rather than being released.
- The § 4248 stay delayed the start of Tobey’s supervised-release term.
- Tobey petitioned for habeas corpus arguing his supervised-release term had begun or should have begun, given time elapsed; the court treated his filing as a habeas petition challenging his custodial status.
- The court denied Tobey’s petition, holding that his supervised-release period had not begun while he remained in § 4248 custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does supervised release commence under §3624(e)? | Tobey | United States | Not begun while detained under §4248(a) |
| Does §4248(a) stay suspend the start of supervised release? | Tobey | United States | Yes, stay delays commencement |
| Is detention under §4248(a) “imprisonment” for purposes of §3624(e) and tolling? | Tobey | United States | Detention qualifies as imprisonment for commencement purposes |
| Should the ordinary meaning of imprisonment apply given §4248’s context? | Tobey | United States | Yes; imprisonment includes custody awaiting civil commitment |
| Does policy aim of supervised release affect its commencement in §4248 cases? | Tobey | United States | No; purposes support commencement after physical release and supervision |
Key Cases Cited
- United States v. Johnson, 529 U.S. 53 (2000) (interprets imprisonment broadly as confinement/custody, not just post-sentence)
- United States v. Miller, 547 F.3d 1207 (9th Cir. 2008) (confirms supervisory-release considerations with custody in mind)
- United States v. Morales-Alejo, 193 F.3d 1102 (9th Cir. 1999) (tolling conflict between detention and imprisonment under §3264(e))
- United States v. Ide, 624 F.3d 666 (2010) (Fourth Circuit rejects Morales-Alejo’s narrower reading of imprisonment)
- United States v. Buchanan, 638 F.3d 448 (2011) (supervised release is a post-confinement rehabilitation measure; full term contemplated)
- United States v. Broncheau, 645 F.3d 676 (2011) (Fourth Circuit treatment of §4248 stay precedents)
- Penn v. United States, 17 F. Supp. 2d 440 (D. Md. 1998) (early authority on timing impact of confinement on supervised release)