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Jacob Mathias Rubinstein v. Eric Rardin, Warden

IFP petition · United States Court of Appeals for the Sixth Circuit, No. 24-1637 · judgment April 11, 2025


Certiorari denied · October 6, 2025

Questions presented

  1. Does "official detention" under 18 U.S.C. §3585(b) include, in addition to "detention" under 18 U.S.C. §3142(e), restrictive forms of "release" under 18 U.S.C. §3142(c) when those restrictions place the de­ fendant under a third party "custodian," limit 100% of his movement, restrict him from even basic indivi­ dual liberty, and make him liable for escape under 18 U.S.C. §751, in light of the facts that the title of 18 U.S.C. §3585(b) is "Credit for prior custody,", 18 U.S.C. §3142(c)(l)(B)(i) and (xiii) require defendants to remain in and return to "custody," and 18 U.S.C. §751 penalizes escape from any "custody"?

  2. Was Reno v. Koray wrongly decided because it did not consider the above facts of law and, instead, relied only on the title of 18 U.S.C. §3142(e), "Detention," to serve as the definition for "official detention" in 18 U.S.C. §3585(b)?

Counsel of record

For petitioner
Jacob Mathias Rubinstein

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jul 10 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jul 08 2025
    Waiver of right of respondent Federal Respondent to respond filed.
  4. Jun 09 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 28, 2025)