Navigation

Archive | tolling

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 …

Posted by
Categories: commencement, supervised release, tolling

Posted By
Categories: commencement, supervised release, tolling

Continue Reading
Sunday, February 12th, 2012

It Tolls for Thee

United States v. Knight, No. 09-5195-cr (2d Cir. February 1, 2012) (Walker, Straub, Livingston, CJJ)

While a Western District grand jury was investigating defendant’s involvement in a “high yield” investment scheme, the district court granted the government’s application pursuant to 18 U.S.C. § 3292 to toll the statute of limitations while it sought the assistance of Hungarian authorities in obtaining records relating to transfers of some of the scheme’s proceeds into Hungarian bank accounts. The circuit affirmed that order as a proper application of the tolling statute.

Under § 3292, the court must grant the government’s application and suspend the statute of limitations if the application asserts that evidence of an offense being investigated by a grand jury is in a foreign country and it reasonably appears, by a preponderance of the evidence, that such evidence has been officially requested.

The government satisfied the statute here. It gave the district …

Posted by
Categories: statute of limitations, tolling, Uncategorized

Posted By
Categories: statute of limitations, tolling, Uncategorized

Continue Reading