Rico v. United States
No. 24-1056 · Decided March 25, 2026 · Reversed and remanded
Does the Sentencing Reform Act authorize a rule that automatically extends a defendant's term of supervised release when the defendant absconds? The Sentencing Reform Act does not authorize a rule that automatically extends a defendant's term of supervised release when the defendant absconds.
Vote & lineup8–1 on the judgment. Gorsuch delivered the opinion of the Court, joined by Roberts, Thomas, Sotomayor, Kagan, Kavanaugh, Barrett, Jackson (8). Dissent(s): Alito.
The question
Does the Sentencing Reform Act authorize a rule that automatically extends a defendant's term of supervised release when the defendant absconds? Specifically, does such abscondment "toll" the clock of a judicially ordered term of supervised release? This determines whether crimes committed after the original expiration date but before recapture can be treated as supervised release violations.
Petitioner's argument
- The district court lacked authority to treat the January 2022 drug offense as a supervised release violation.
- The offense occurred after her pre-existing term of federal supervised release expired in June 2021.
- Abscondment does not automatically extend the term of supervised release beyond the court-ordered expiration date.
Respondent's argument
- Supervision requires "observation and direction" under 18 U. S. C. §§3601, 3603(2), (3), and 3624(e), meaning a defendant who absconds should receive no "credit" for that period.
- Common-law principles suggest that time spent on the run from prison does not count toward the discharge of a sentence.
- Precedents such as *Mont v. United States* and *Anderson v. Corall* support the idea that the clock should stop when a defendant is not actually under supervision.
- The warrant-or-summons requirement in 18 U. S. C. §3583(i) may leave courts powerless if probation officers do not realize a defendant is absent in time.
The decision
- The Court held that the Sentencing Reform Act does not authorize a rule automatically extending a defendant’s term of supervised release when the defendant absconds.
- The Court rejected the Ninth Circuit's "tolling" terminology, noting that the rule actually extends the period beyond what a judge ordered.
- Under 18 U. S. C. §3624(e) and §3583(b), the Act defines when release starts and sets maximum lengths, neither of which suggests an automatic extension rule.
- The Court noted that 18 U. S. C. §3583(e)(2) only allows extensions after a hearing, within statutory maximums, and before the term expires.
- The Court highlighted 18 U. S. C. §3583(i), which limits post-expiration revocation to "matters arising before its expiration" and only if a "warrant or summons has been issued" during the term.
- The Court identified 18 U. S. C. §3624(e) as the only "true tolling rule," which suspends the term only during imprisonment of 30 consecutive days or more.
- The Court distinguished the common-law rule for escaped prisoners, stating that unlike prisoners, absconding supervisees remain bound by release terms and can be punished under existing SRA tools.
- The Court declined to rewrite 18 U. S. C. §3583(i) to solve the government's policy concerns, stating that the Court is not free to rewrite directions provided by Congress.
Separate opinions
Alito, dissenting
- Argues the district court could have lawfully considered the January 2022 drug offense as a sentencing factor under 18 U. S. C. §3553(a) regardless of whether it was a formal supervised release violation.
- Relies on *Rita v. United States* to argue that judges may impose sentences outside the Guidelines range when that range "fails properly to reflect §3553(a) considerations."