Reno v. Koray (94-790), 515 U.S. 39 (1995).
Concurrence
[ Ginsburg ]
Syllabus
Dissent
[ Stevens ]
Opinion
[ Rehnquist ]
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No. 94-790


JANET RENO, ATTORNEY GENERAL, et al., PETITIONERS v. ZIYA K. KORAY

on writ of certiorari to the united states court of appeals for the third circuit

[June 5, 1995]

Justice Ginsburg, concurring.

As the Government reads 18 U.S.C. § 3585(b), Koray gains credit against his sentence for the two months he spent in jail, but not for the five months' close confinement he encountered at the halfway house. The Court cogently explains why it adopts the Government's interpretation. I write separately to point out that Koray has not argued before us that he did not elect bail intelligently, i.e., with comprehension that time in the halfway house, unlike time in jail, would yield no credit against his eventual sentence. The Court thus does not foreclose the possibility that the fundamental fairness we describe as "due process" calls for notice and a comprehension check. Cf. Fed. Rule Crim. Proc. 11 (setting out information a court is to convey to assure that a defendant who pleads guilty understands the consequences of the plea).