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United States v. Grant

United States Court of Appeals, Fourth Circuit

July 6, 2017

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
BRICETON GRANT, Defendant-Appellant.

          Argued: May 9, 2017

         Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (1:16-cr-00062-TSE-1)

         ARGUED:

          Nicholas John Xenakis, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant.

          Christopher John Catizone, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

         ON BRIEF:

          Geremy C. Kamens, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant.

          Dana J. Boente, United States Attorney, Angelissa D. Savino, Special Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

          Before MOTZ, SHEDD, and DUNCAN, Circuit Judges.

          Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Shedd and Judge Duncan joined.

          DIANA GRIBBON MOTZ, Circuit Judge.

         After the Government prematurely released Briceton Grant from prison, Grant sought credit for the time he erroneously spent at liberty. Assuming federal common law offers such relief, the district court did not improperly deny him this credit. Accordingly, we affirm the judgment of the district court.

         I.

         On April 28, 2015, Grant pled guilty to a one-count information in the Eastern District of Virginia charging him with possession of phencyclidine ("PCP"), in violation of 21 U.S.C. § 844(a) (2012). That same day, a magistrate judge sentenced him to one year of supervised probation, subject to certain conditions. One of these conditions prohibited Grant ...


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