If federal probation is increased to incarceration upon appeal, is defendant entitled to receive credit for time served on probation against any such imprisonment?

And if so, how much credit? Probation and imprisonment are distinct forms of punishment and the imposition of an erroneous term of probation does not prevent the subsequent sentence of imprisonment, 18 USC [section] 3551(b). However, the statutes prohibit imposition of probation 'when the defendant is sentenced at the same time to a term of imprisonment', [section] 3561. A sentence of probation is subject to appeal and may be corrected if erroneous, [section] 3562.

Double jeopardy requires that a defendant be credited with time spent in 'official detention' against a new sentence of incarceration upon the government's successful appeal, U.S. v. Bodgan, 302 F3d 12 (1st …