U.S.S.G. § 5F1.8

Intermittent Confinement

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Intermittent confinement may be imposed as a condition of probation during the first year of probation. See 18 U.S.C. § 3563(b)(10). It may be imposed as a condition of supervised release during the first year of supervised release, but only for a violation of a condition of supervised release in accordance with 18 U.S.C. § 3583(e)(2) and only when facilities are available. See 18 U.S.C. § 3583(d).

Commentary

Application Note:

1. "Intermittent confinement" means remaining in the custody of the Bureau of Prisons during nights, weekends, or other intervals of time, totaling no more than the lesser of one year or the term of imprisonment authorized for the offense, during the first year of the term of probation or supervised release. See 18 U.S.C. § 3563(b)(10).

Historical Note: Effective November 1, 2009 (amendment 733).

PART G – IMPLEMENTING THE TOTAL SENTENCE OF IMPRISONMENT

Notes of Decisions

Cited in 4 cases, 2016–2018 · leading case: United States v. Jose Magana, Jr., 837 F.3d 457 (5th Cir. 2016).

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United States v. Jose Magana, Jr., 837 F.3d 457 (5th Cir. 2016). “§ 3583 (d)(3)); see also U.S.S.G. § 5F1.8. Magana argues that the district court committed reversible plain error because it “ordered that the first year of Magana’s supervised release be served in some form of ‘intermittent confinement’ ” even if no “supervised-release…”

United States v. Jose Magana, Jr. (5th Cir. 2016). “§ 3583 (d)(3)); see also U.S.S.G. § 5F1.8. Magana argues that the district court committed reversible plain error because it “ordered that the first year of Magana’s supervised release be served in some form of ‘intermittent confinement’” even if no “supervised-release violation…”

United States v. Andres Corral, 670 F. App'x 343 (5th Cir. 2016). “§ 3583 (d) and U.S.S.G. § 5F1.8 explicitly state that the condition may be imposed only after a violation of a condition of supervised release.”

United States v. Newman, 350 F. Supp. 3d 1218 (M.D. Ala. 2018). “§ 3583 (d) ; see also USSG § 5F1.8. The court finds that imposing intermittent confinement as a condition here complies with 18 U.”

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