914 F.2d 263
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Ignacio NAVARRO, Petitioner-Appellant,
v.
William PERRILL, Warden, FCI, Respondent-Appellee.
No. 89-15757.
United States Court of Appeals, Ninth Circuit.
Submitted Sept. 18, 1990.*
Decided Sept. 21, 1990.
Before GOODWIN, Chief Judge, and HUG and BEEZER, Circuit Judges.
MEMORANDUM**
Ignacio Navarro, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2241 habeas corpus petition. Navarro contends that he is entitled to jail credit for time spent in a community treatment center as a condition of his pretrial release on bail. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253. We reverse and remand.
In Brown v. Rison, 895 F.2d 533 (9th Cir.1990), we held that a prisoner was entitled to credit against his sentence for time spent in a community service center because the restraints on his liberty were sufficient to constitute custody for purposes of 18 U.S.C. Sec. 3568. Id. at 535-36. Here, Navarro was released on bond to the custody of Eclectic Communications, Inc. (ECI) after spending 14 days in county jail. As a condition of his release he was ordered to reside at ECI and remain there during nonworking hours, submit to random urinalysis testing, and he was required to continue his employment. Navarro remained at ECI for approximately four months prior to his sentencing. We conclude that, as in Brown, these restraints on Navarro's liberty were sufficient to constitute custody under Sec. 3568 and he is entitled to receive credit for this time. See Brown, 895 F.2d at 535-36.
We REVERSE and REMAND to the district court with instructions to grant the writ.