an argument for credit for probationary time served, and is completely inapposite to the instant case.
Thus, Brown remains the law of this Circuit. Moreover, this Court would suggest the possibility that Brown is not so much a renegade from other circuits, but results from factual circumstances that were more exacting than those considered by circuits denying credit, much the way Browning denied credit in this Circuit wholly in accordance with Brown. In short, defendant Goetz in the present case was subjected to the complete deprivation of his personal liberty. That deprivation, however, was in a facility designed to achieve what must be considered a key goal of our penal system -- the rehabilitation of defendant Goetz. Both parties in the present case are in agreement that defendant Goetz engaged in counterfeiting in order to support his heroin addiction. The Court is unaware of any value in an interpretation of § 3585 that hobbles this Court's ability to construct a sentence that will simultaneously exact retribution from defendant Goetz while serving the goal of rehabilitation.
5. The Government's Argument that Section 5C1.1(f) of the Guidelines Precludes Credit Is Incorrect.
Finally, the government argues that § 5C1.1(f) of the Guidelines requires that a sentence of "imprisonment" be imposed where the minimum term of a Guideline range is ten months or more. Application Note 8 for that section states that "the minimum term must be satisfied by a sentence of imprisonment without the use of any of the incarceration alternatives in § 5C1.1(e)." Both parties agree that the applicable Guideline range for Mr. Goetz is 12 to 18 months.
However, the Court is sentencing Mr. Goetz to imprisonment, and merely granting him credit for time served. Mr. Goetz's program at Newbridge runs for twelve months. This Court has determined that an appropriate sentence for Mr. Goetz is fourteen months. Accordingly, the Court sentences Mr. Goetz to imprisonment for 14 months. The Court suspends imposition of the sentence until August 1, 1992, and grants the defendant credit for time served at Newbridge.
The Court finds that the conditions imposed upon defendant Goetz constitute "official detention" for purposes of credit for time served under 18 U.S.C. § 3585. Those conditions resulted in a profound restriction on Mr. Goetz's liberty that were, in many respects, more intrusive than those he might have undergone in prison. Moreover, the granting of credit allows this Court to impose a sentence that serves society's interest in exacting retribution from defendant Goetz as well as society's and Goetz's interest in achieving rehabilitation. Under Brown and other case law addressing rigorously intrusive, custodial programs such as Newbridge, credit is appropriate.
IT IS SO ORDERED.
DATED: March 5, 1992.
EUGENE F. LYNCH
United State District Judge