Mont v. United States (17-8995)
argument 17-8995Mont v. United States
Supreme Court of the United States
59 min
6 speakers
8 chapters
transcribed 7 days ago
official recording ↗
Transcript
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What is the case being argued before the Supreme Court in this oral argument?
We'll hear argument next uh this morning, case seventeen eighty nine ninety five, Mont versus United States. Ms. Malone?
Mr Chief Justice, and may I please the Court. When Congress uses plain ordinary words in a statute, The words should be read accordingly. The language of Section thirty six twenty four E's tolling provision is both plain and unambiguous. The use of the phrase is imprisoned in connection with a conviction for a crime has meaning derived from the language of the statute, its enabling legislation and other statutory provisions and cases which make clear its meaning. The manner in which Section thirty six twenty four E is interpreted by the Sixth Circuit alters the plain meaning of the statute. by interchanging imprisonment with official detention The purpose and meaning of the provision reaches beyond the intent of Congress.
Well of course you got the ben you got the benefit of that period in the uh actual sentence of conviction. I mean that was credited to his uh uh sentence, right?
Yes, Your Honor, the period of conviction that he is presently serving in the Ohio is he did he did get a benefit from that pre trial And official detention. In Ohio, what happens when a defendant is sentenced is that the state judge is required to apportion free trial or official detention towards the credit of the sentence. It is not imprisonment, it is a credit that goes towards the days that a person has to spend in imprisonment. In this case, Mr Mont received Three hundred days for one of his cases and three hundred and five days for his other case. notwithstanding the fact that he was not held in detention on the second case.
I thought the purposes of pre child detention were for security issues. We're protecting the community from the danger the defendant may pose, correct? That's correct. And so I'm assuming your argument is that that period of safety is not a period for conviction. The credit is just a credit, it's not the purpose for the detention.
Yes, Your Honor, that is exactly the point. Because when y a person is in official detention, they are being held because They are seen as either a flight risk or a risk to the danger of the community. When a person is imprisoned, on the other hand, the purpose of imprisonment as it is embodied in section thirty throne, it says the f the four reasons for imprisonment is punishment, retribution. rehabilitation and incapacitation.
Those
suppose that
um I'm sorry, no finish uh
I'm sorry. Those are the reasons why imprisonment is markedly different than official detention.
If we look at suppose somebody is sentenced to five years in prison and has uh been in in detention for one year. And the judge says, I'm sentencing you to five years in prison, but I'm giving you credit for the year in which you were detained prior to trial. Isn't that person imprisoned during that f that first year?
No, Your Honor. The person is officially detained during the first year. They were given credit towards the five year sentence, so that now that they will only have to serve four of the five years. But those four years will be the imprisonment term that they will actually serve.
Well suppose the statute said that upon conviction of this offense the defendant shall be sentenced to five years imprisonment. No discretion for the judge. But the person who's been in detention for a year. Does that mean that the judge cannot credit that person for the one year spent uh in uh in official detention because that person wasn't imprisoned at that time?
No, the person can be credited towards the imprisonment. They the the sentence announced by the district court judge would be the sentence that was mandatory sentence under your scenario. It would be a five year sentence once the person reaches the custody of their jailer, either the BOP or if it's a local or state aff um Jail. Then that entity will grant The credits. Just as in thirty five eighty five. directs the Bureau of Prisons to grant custody credits.
And i what would you say the granting of that period was in connection with?
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Chapters
8 chapters
1
What is the case being argued before the Supreme Court in this oral argument?
0:00–7:16
2
How does Ohio law treat pre‑trial or official detention for credit toward a sentence?
7:16–13:42
3
Why is imprisonment considered different from official detention under the statute?
13:42–20:38
4
How does the present‑tense language of the statute affect the interpretation of “in connection with a conviction”?
20:38–27:02
5
Is pre‑trial detention viewed as regulatory or penal, and why does that matter for supervised release?
27:02–35:23
6
When does supervised release continue while a defendant is in official detention?
35:23–44:02
7
Can the statute’s wording separate imprisonment from the conviction event?
44:02–52:19
8
Why does the Court need to take a “snapshot” of the defendant’s status to decide tolling?
52:19–59:59