Judge Rosemary Pooler
Edelman appealed district court's judgment convicting him of possession with intent to distribute and escape in violation of 18 U.S.C. §751(a). Edelman argued that he was not an escapee under §751(a) because his placement in a residential reentry facility, or halfway house, as a condition of the modification of his supervised release was not "custody…by virtue of …[a] conviction of any offense" under the statute. Second Circuit court found the Sixth and Tenth Circuits persuasive, and held that residence in a halfway house as a condition of post-incarceration supervised release was "custody" for purposes of §751(a). The circuit reasoned that while Edelman's residence at the facility was different from incarceration, it subjected him to a restraint on his activities and limited the amount of time he could spend out of the facility. Edelman also argued that his conduct fell outside of the statute because his placement in the facility was due to a modification of the condition of his supervised released, and not "by virtue of … [a] conviction of any offense." The circuit rejected this argument, holding that Edelman's placement in the facility was part of the original sentence for his 1993 conviction for conspiracy to distribute cocaine.
