United States v. Cartagena-Lopez, No. 20-40122 (5th Cir. 2020)Annotate this Case
The Fifth Circuit joined the Second, Third, Fourth, and Ninth Circuits in adopting the fugitive tolling doctrine in the context of supervised release. The court held that 18 U.S.C. 3583(i) does not foreclose the fugitive tolling doctrine, and 18 U.S.C. 3624(e) does not preempt the fugitive tolling doctrine. As the four circuits to adopt it so far recognize, the court noted that by ensuring defendants participate in their supervision, the fugitive tolling doctrine protects the statutory scheme of post-confinement monitoring that Congress established in the Sentencing Reform Act.
In this case, defendant argues that because his supervised release term ended in November 2018, the district court lacked jurisdiction over violations that occurred in October 2019. The court affirmed the district court's revocation of defendant's supervised release and held that defendant's status as a fugitive tolled his period of supervision.