Time served in foreign custody while awaiting extradition is always credited, by law, to a defendant’s U.S. sentence. However, there is currently a rumor at Combita (the Colombian jail) that U.S. federal judges will give two days credit for every day a defendant serves in foreign custody. Let me disabuse everyone of that notion. In New York I have seen some judges give extra credit for time served in Combita, but not to the extent of a 2:1 ratio.
I know of one judge who gives a six month reduction based on the fact that the conditions of confinement at Combita are “below constitutional standards,” but I do not know of any judges crediting two days for every one day served. Most judges do not give extra credit at all. However, unlike in other districts, D.C. judges are willing to give foreigners a six month deduction.
Defendants who are U.S. citizens are ordinarily eligible for a program where they are released to halfway houses six months before the end of their sentences. Aliens, however, cannot take advantage of the program, so judges in Washington, D.C. have taken to reducing alien sentences by an equal amount of time. On the strength of this policy in Washington, I think aliens should argue for the same type of reduction in other districts.
It used to be that judges in all districts gave defendants this reduction, but the practice was discontinued. However, since the guidelines are no longer mandatory and judges now have the discretion to impose sentences they believe are fair, judges may be receptive to reviving the old policy of giving reductions to aliens who are not entitled to halfway house treatment.
Aliens should keep a close eye on this program. At some point, the length of time for half way house treatment could be extended to a year. Should this change occur, aliens could argue, at least in Washington D.C., for an increased reduction in their time as well.