Esteras v. United States
No. 23-7483 · Decided June 20, 2025 · vacated and remanded
May a district court consider the retributive sentencing factors set forth in 18 U.S.C. § 3553(a)(2)(A) when deciding whether to revoke a defendant's term of supervised release? A district court may not consider 18 U.S.C. § 3553(a)(2)(A), which covers the retributive purpose of sentencing, when deciding whether to revoke a defendant's term of supervised release under 18 U.S.C. § 3583(e).
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT · Argued February 25, 2025
Parties — Petitioner: ESTERAS · Respondent: UNITED STATES
Vote & lineup7–2 on the judgment. Barrett delivered the opinion of the Court, joined by Roberts, Thomas, Kagan, Kavanaugh, Sotomayor, Jackson (7). Dissent(s): Alito (joined by Gorsuch). Concurrence(s): Sotomayor (joined by Jackson); Jackson.
Who prevailed — The petitioner prevailed on the claim that district courts are prohibited from considering the retributive factor in § 3553(a)(2)(A) during supervised release revocation proceedings.
The question

May a district court consider the retributive sentencing factors set forth in 18 U.S.C. § 3553(a)(2)(A) when deciding whether to revoke a defendant's term of supervised release? The case asks whether the omission of this specific factor from the list provided in 18 U.S.C. § 3583(e) prohibits its use. Specifically, does this exclusion prevent a court from considering the need for a sentence to "reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense"?

Petitioner's argument
  • District courts are prohibited from considering the retributive purpose in 18 U.S.C. § 3553(a)(2)(A) because Congress explicitly omitted it from the list of factors a court must consider under 18 U.S.C. § 3583(e).
  • The statutory structure indicates that while most sentencing factors apply to revocation, the exclusion of retribution is an intentional choice by Congress.
  • Supervised release is intended for rehabilitative ends and post-confinement assistance rather than as a tool for backward-looking punishment.
Respondent's argument
  • The list in 18 U.S.C. § 3583(e) identifies factors that courts *must* consider, but it does not explicitly forbid the consideration of other non-enumerated factors.
  • A total prohibition on retributive considerations is unworkable because considering "the nature and circumstances of the offense" under 18 U.S.C. § 3553(a)(1) necessarily implies a consideration of the principles in § 3553(a)(2)(A).
  • Under 18 U.S.C. § 3583(g), which mandates revocation in certain cases, it would be anomalous if retribution were permitted for mandatory revocations but forbidden for discretionary ones under § 3583(e).
The decision
  • The Court held that district courts may not consider 18 U.S.C. § 3553(a)(2)(A) when revoking supervised release.
  • The Court applied the canon of statutory interpretation "expressio unius est exclusio alterius," meaning that expressing one item of a group excludes another not mentioned, citing *Chevron U.S.A. Inc. v. Echazabal*.
  • The Court noted that 18 U.S.C. § 3583(e) lists eight of the ten factors found in 18 U.S.C. § 3553(a), and this specific omission "bespeaks a negative implication" that Congress intended to exclude retribution.
  • The Court observed that other sentencing provisions, such as those for probation (18 U.S.C. § 3562(a) and § 3565(a)), fines (§ 3572(a)), and imprisonment (§ 3582(a)), instruct courts to consider all § 3553(a) factors, making the omission in § 3583(e) a "distinction with a difference."
  • The Court reasoned that supervised release is not "a punishment in lieu of incarceration" (*United States v. Granderson*) but instead "fulfills rehabilitative ends" (*United States v. Johnson*), meaning courts should focus on forward-looking goals rather than backward-looking retribution.
  • The Court relied on precedent from *Tapia v. United States* and *Concepcion v. United States*, which held that the omission of § 3553(a)(2)(A) from the imposition of supervised release under 18 U.S.C. § 3583(c) precludes its consideration.
  • The Court rejected the "unworkability" argument, stating that while a court may consider the nature and circumstances of an offense under § 3553(a)(1), it must do so to inform deterrence, incapacitation, or rehabilitation—not retribution.
Separate opinions
Sotomayor, concurring (joined by Jackson)
  • Argues that the majority's focus on whether "offense" refers to the underlying crime is unnecessary speculation; instead, because Congress omitted all reference to retribution from the supervised-release statute, no form of retribution (including for the violation itself) should be permitted.
  • Cites *Concepcion v. United States*, *Tapia v. United States*, and Senate Report No. 98–225 to emphasize that the primary goal of supervised release is rehabilitation and community transition.
Jackson, concurring
  • Disagrees with the majority's analysis regarding the scope of "offense" in § 3553(a)(2)(A), arguing that it confuses the issue because revocation often responds to new criminal conduct.
  • Contends that requiring a judge to distinguish between different types of retribution for a single sanction is impractical and creates an impossible binary objective.
Alito, dissenting (joined by Gorsuch)
  • Argues that the *expressio unius* canon is misapplied here because § 3583(e) sets out mandatory factors, not an exhaustive list of all permissible considerations, citing *NLRB v. SW General, Inc.* and *Barnhart v. Peabody Coal Co.*
  • Claims the decision creates "mind-bending exercises" for trial judges who must consider the "nature" of an offense while ignoring its "seriousness," which he argues is logically impossible.
  • Asserts that the Sentencing Reform Act generally grants broad discretion to trial judges, and the absence of explicit limiting language in § 3583(e) should be read as preserving that discretion, citing *Concepcion v. United States*.