The Ninth Circuit has determined that pretrial detention not credited toward a sentence is not “confinement, as a result of conviction” under § 1101(f)(7). In this case, the petitioner was sentenced to a term of 4 months of incarceration, with credit given for 183 days of pretrial confinement. The court determined that the excess days of pretrial confinement (i.e., those beyond the 4 month mark) are not confinement as a result of conviction.
The full text of Troncoso-Oviedo v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2022/08/05/21-70547.pdf