After his 1996 conditional guilty plea to possession of between 225 and 650 grams of cocaine, and after being sentenced, John Jones was granted bond pending appeal. He remained free on bond throughout much of the lengthy appellate process. But he fled in 2002, shortly after the Court of Appeals issued an order directing the trial court to immediately revoke Jones’ bond and remand him to the custody of the Michigan Department of Corrections.
A warrant for Jones’ arrest issued immediately. Four years later, in May 2006, Jones was apprehended on the outstanding warrant by federal authorities, who also sought to try him for federal drug crimes. Over the next year, Jones was lodged in various Michigan jails while federal authorities maintained custody of him for trial on the federal charges. Federal authorities made no effort to notify Michigan authorities that Jones had been apprehended on the warrant, and declined writs of habeas corpus from the state circuit court once that court discovered that Jones had been apprehended. Ultimately, Jones was brought before the circuit court and, in 2008, the trial court held a hearing on whether he was entitled to jail credit for this period of federal custody. The trial court granted his motion and awarded him 675 days of credit.
The prosecution sought leave to appeal to the Court of Appeals, arguing that Jones should not receive credit on both his state and federal sentences for the time he was in federal custody. The prosecutor cited 18 USC 3585(b), which provides that “A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences-- (1) as a result of the offense for which the sentence was imposed; or (2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed; that has not been credited against another sentence.”
On leave granted, the Court of Appeals reversed in an unpublished per curiam opinion, vacating the amended judgment of sentence and remanding for a determination of whether Jones has been, or will be, given credit against his federal sentence for time served since his arrest on May 12, 2006. The appellate court said that “it is untenable for this Court to affirm the trial court’s order without knowing whether defendant has received credit on his federal sentence for the time he spent in federal custody before his federal sentence.” Jones appeals.