LawProf Jacob Schuman made sure via this tweet that I did not forget to blog about last week’s notable panel ruling in US v. Talley, No. 22-13921 (11th Cir. Sept. 7, 2023) (available here). Here is how the unanimous ruling begins:
This appeal requires us to decide whether absconding during a term of supervised release tolls the supervised release period. James Reginald Talley, a convicted felon, appeals the district court’s judgment revoking his supervised release and ordering him imprisoned based in part on a violation committed after his supervised release had lapsed but while he was, based on the district court’s findings, a fugitive from justice. We hold that the district court erred in tolling Talley’s period of supervised release based on his fugitive status. In doing so, we join the First Circuit and part company with the Second, Third, Fourth, and Ninth Circuits. Accordingly, we vacate the district court’s judgment and remand for resentencing.
And here...
