4th Cir.: Absconding from Supervised Release Tolls the Release Term
Today, the Fourth Circuit ruled that absconding from supervised release tolls the release term:
When a defendant absconds while on supervised release, his absence precludes the sentencing court from exercising supervision over him. Tolling is necessary in that instance to ensure that, upon being apprehended, the defendant will be subject to judicial supervision for a complete term. However, that does not mean that a defendant who has absconded thereby nullifies the terms and conditions of the supervised release order during his flight. Rather, the terms and conditions remain in effect, and the fugitive-defendant is not at liberty to embark on a “holiday” from them. To the extent that this result may seem harsh, it is the defendant’s own misconduct which creates it.
U.S. v. Buchanan, ___ F.3d ___ (4th Cir., April 13, 2011).