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Washington and Lee University School of Law

2019

Criminal Procedure

Mont v. United States

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Is Supervised Release Tolled Retrospective To The Start Of An Unrelated Detention If The Defendant Is Credited With Time Served Upon Sentencing For The New Offense?, Nora V. Demleitner Feb 2019

Is Supervised Release Tolled Retrospective To The Start Of An Unrelated Detention If The Defendant Is Credited With Time Served Upon Sentencing For The New Offense?, Nora V. Demleitner

Scholarly Articles

The district court sentenced Jason Mont for violating his supervised release conditions after a state conviction and sentence that credited him for time in pretrial detention served while he was on supervised release. Mont challenges the court’s exercise of jurisdiction, arguing that 18 U.S.C. § 3624(e) does not permit the court to reach backward to find that supervised release was tolled once he received credit for his pretrial detention at sentencing. Petitioner and respondent disagree about the interpretation of the language and structure of Section 3624(e). While the government relies heavily on the purpose of supervised release, petitioner notes that …