(The Center Square) – The U.S. Supreme Court, in an 8-1 decision, decided an individual on supervised release is not automatically extended when that person absconds from their release.
The case, Rico v. US, focuses on Isabel Rico who absconded her supervised release while she was on probation after being detained in federal prison. During her probation period, Rico was convicted of a state drug offense.
A judge charged her with time in prison and several months of supervised release.
Justices on the court said Rico cannot be automatically considered for an extension of supervised release just because she violated her previous release.
"The government seeks not a rule that stops the clock or ensures a defendant takes no advantage of abscondment, but one that imposes new punishment by automatically extending supervised release," Justice Neil Gorsuch wrote in the court's majority opinion.
The justices argued that the Sentencing Reform Act protects Rico from automatic additional punishment, even though she absconded her supervised release.
In 1984, Congress passed the Sentencing Reform Act, which created mandatory uniform national guidelines to increase transparency and unity in federal sentencing practices.
"The Act already provides many ways to ensure defendants do not profit from violations without automatically extending the period beyond what a judge ordered," Gorsuch wrote.
Justice Samuel Alito provided the lone dissenting opinion. He argued the Sentencing Reform Act was used by the judge to determine Rico's punishment after she absconded supervised release.
"It seems strange to regard a crime committed after the expiration of “unsupervised supervised release” as a non-event," Alito wrote. "By that logic, if petitioner had gone on a murder spree after the expiration of the period of unsupervised supervised release, the sentencing judge would have been required to put that out of his mind."
Originally published on thecentersquare.com, part of the BLOX Digital Content Exchange.
Information from the News and our advertisers (Want to add your business to this to this feed?)
Success! An email has been sent to with a link to confirm list signup.
Error! There was an error processing your request.
Sign up to receive notifications when a new Columbia Gorge News e-Edition is published.
Would you like to receive our news updates? Signup today!
Receive weekly updates on obituaries and death notices.
Oregon Capital Press presented by Columbia Gorge News
Receive updates on upcoming promotions and special sections.
Receive weekly updates on local sports news.
Sorry, there are no recent results for popular videos.
Sorry, an error occurred.
Already Subscribed!
Cancel anytime
Thank you .
Your account has been registered, and you are now logged in.
Check your email for details.
Submitting this form below will send a message to your email with a link to change your password.
An email message containing instructions on how to reset your password has been sent to the email address listed on your account.
No promotional rates found.
Secure & Encrypted
Thank you.
Your gift purchase was successful! Your purchase was successful, and you are now logged in.
| Rate: | |
| Begins: | |
| Transaction ID: |
A receipt was sent to your email.
Commented