The following excerpt is from U.S.A. v. Garcia-Hernandez, 237 F.3d 105 (2nd Cir. 2000):
We have applied this principle in the closely related context of granting "time served" credit for pre-sentencing detention, see 18 U.S.C. 3585(b) (requiring credit for detention "as a result of the offense for which the sentence was imposed"). And, we have there held that, when a defendant is imprisoned on account of a parole or supervised release violation, it is the underlying crime, not the conduct that violates parole or supervised release, that constitutes the "offense" that "results" in further custody. See United States v. Whaley, 148 F.3d 205, 207 (2d Cir. 1998) (per curiam) (holding that the district court erred in "interpreting 3585(b)(1) as applying to the offense of violating supervised release rather than as applying to the underlying offense"); United States v. Galicia-Delgado, 130 F.3d 518, 522 (2d Cir. 1997) ("[T]he time [defendant] spent in state custody after violating his parole was part of his sentence for the [underlying state crime].").
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