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Tuesday, April 30th, 2024

Circuit holds that federal supervised release only begins when the defendant is released from subsequent state custody, not when he is released from federal custody into state custody.

In United States v. Freeman, No. 23-6394 (2d Cir. April 23, 2024), the defendant was ordered to begin his supervised release almost ten years after his release from federal prison, when he was finally released from state custody on charges that were dismissed. Freeman argued that his supervised release term began upon his release from federal prison and was not tolled by his state detention. 18 U.S.C. 3624(e),  provides that “a prisoner whose sentence includes a term of supervised release after imprisonment shall be released by the Bureau of Prisons to the supervision of a probation officer” and that “supervised release commences on the day the person is released from imprisonment.” It further provides that the term of supervised release is tolled for any period in which the person is “imprisoned in connection with a conviction for a Federal, State, or local crime” unless the sentence is less than …

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Categories: commencement, supervised release, tolling

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