In United States v. Shimabukuro, --- F.3d ---, No. 17-10339 (9th Cir. 2018), the Court held that "intermittent confinement" -- e..g, weekends in jail imposed as a condition of supervised release -- counts against the custodial-time cap in 18 U.S.C.
§ 3583(e)(3) (2002) that a district court may
impose when revoking a defendant’s supervised release. In other words, all the weekends add up toward the aggregate amount of custody that can be imposed.
Also noteworthy, is footnote 2: "The district court may have erred in imposing intermittent confinement as a
condition of supervised release."
