Is Supervised Release Tolled Retrospective to the Start of an Unrelated Detention if the Defendant Is Credited with Time Served upon Sentencing for the New Offense?
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The district court sentenced Jason Mont for violating his supervised release conditions after a state conviction and sentence that credited him for time in pretrial detention served while he was on supervised release. Mont challenges the court’s exercise of jurisdiction, arguing that 18 U.S.C. § 3624(e) does not permit the court to reach backward to find that supervised release was tolled once he received credit for his pretrial detention at sentencing. Petitioner and respondent disagree about the interpretation of the language and structure of Section 3624(e). While the government relies heavily on the purpose of supervised release, petitioner notes that the district court could have prevented its jurisdiction from lapsing had it issued a summons or warrant prior to the end of his supervised release, as indicated in 18 U.S.C. § 3583(i). Such summons or warrant would have allowed the court to hold the violations hearing even after supervised release ended.
Nora V. Demleitner, Is Supervised Release Tolled Retrospective to the Start of an Unrelated Detention if the Defendant Is Credited with Time Served upon Sentencing for the New Offense?, Preview U.S. Sup. Ct. Cas., Feb. 19, 2019, at 21.
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