context: Taken at face value, these records fail even to prove that Marks' sentences on these convictions ever met the guideline definition of "imprisonment," let alone that he was reincarcerated in 2000 due to a parole revocation. This court and most other circuits hold that sentences served in community treatment centers, halfway houses,, home detention, or other forms of probation are not imprisonment for guideline purposes.
citation_a.signal: see
citation_a.identifier: 290 F.3d 957, 959-60
citation_a.parenthetical: noting that Guidelines do not elaborate on definition of incarceration but explaining that residence in non-secure community treatment center or- halfway house is not imprisonment for guideline purposes
citation_a.sentence: See, e.g., United States v. Timbrook, 290 F.3d 957, 959-60 (7th Cir. 2002) (noting that Guidelines do not elaborate on definition of incarceration but explaining that residence in non-secure community treatment center or- halfway house is not imprisonment for guideline purposes); United States v. Phipps, 68 F.3d 159, 162 (7th Cir. 1995) (home detention not imprisonment for guideline purposes); United States v. Gordon, 346 F.3d 135, 138-39 (5th Cir. 2003) (same); United States v. Pielago, 135 F.3d 703, 711-14 (11th Cir. 1998) (community treatment center not imprisonment for guideline purposes); United States v. Jones, 107 F.3d 1147, 1161-65 (6th Cir. 1997) (home detention not imprisonment for guideline purposes); United States v. Latimer, 991 F.2d 1509, 1514 (9th Cir. 1993) (community treatment center not imprisonment for guideline purposes); but see United States v. Rasco, 963 F.2d 132 (6th Cir. 1992) (holding that confinement in community treatment center after parole revocation was part of original term of imprisonment).
citation_b.signal: but see
citation_b.parenthetical: holding that confinement in community treatment center after parole revocation was part of original term of imprisonment
citation_b.sentence: See, e.g., United States v. Timbrook, 290 F.3d 957, 959-60 (7th Cir. 2002) (noting that Guidelines do not elaborate on definition of incarceration but explaining that residence in non-secure community treatment center or- halfway house is not imprisonment for guideline purposes); United States v. Phipps, 68 F.3d 159, 162 (7th Cir. 1995) (home detention not imprisonment for guideline purposes); United States v. Gordon, 346 F.3d 135, 138-39 (5th Cir. 2003) (same); United States v. Pielago, 135 F.3d 703, 711-14 (11th Cir. 1998) (community treatment center not imprisonment for guideline purposes); United States v. Jones, 107 F.3d 1147, 1161-65 (6th Cir. 1997) (home detention not imprisonment for guideline purposes); United States v. Latimer, 991 F.2d 1509, 1514 (9th Cir. 1993) (community treatment center not imprisonment for guideline purposes); but see United States v. Rasco, 963 F.2d 132 (6th Cir. 1992) (holding that confinement in community treatment center after parole revocation was part of original term of imprisonment).