United States v. Edelman, No. 12-2166 (2d Cir. 2013)
Annotate this CaseDefendant appealed his conviction for three counts of possession with intent to distribute and one count of escape. On appeal, defendant argued that the district court erred in holding that his residence in a halfway house as a condition of the modification of his supervised release constituted "custody...by virtue...of [a] conviction of any offense" under 18 U.S.C. 751(a), and that therefore he was not an escapee under the statute. The court held that residence in a halfway house as a condition of post-incarceration supervised release was "custody" for purposes of section 751(a); defendant's placement in the halfway house was part of the original sentence for his 1993 conviction for conspiracy to distribute cocaine; the district court properly denied defendant's motion to suppress evidence seized from the search of an apartment where he resided after leaving the halfway house because defendant did not have an objectively reasonable expectation of privacy; and defendant's residence in the apartment began after he escaped from the halfway house in violation of section 751(a). Accordingly, the court affirmed the judgment of the district court.
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