· 3/19/2010
United States v. Hernandez-Ferrer
Citations
- 599 F.3d 63
- 2010 U.S. App. LEXIS 5703
- 2010 WL 986638
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- confronting a situation where the court issued no warrant or summons before the expiration of a supervised- release term
- applying the \expressio unius est exclusio alterius\ canon of statutory construction, \which translates roughly as 'the expression of one thing is the exclusion of other things'\ (emphasis omitted)
- “[T]he statutory pro- visions touching upon supervised release neither expressly require nor expressly permit tolling during the interval when an offender is in fugitive status.”
- “The government is correct that imprisonment lasting for at least thirty days, in connection with a different offense, tolls the running of a supervised re- lease term.”
- “If an offender absconds before the expiration of his supervised release term, he will not do so with impunity.... [A] judicially contrived tolling mechanism is not necessary to deter offenders from absconding”
- “By its plain language, section 3583(i) extends the district court’s jurisdiction beyond the stated expiration of a term of supervised release. But that extension operates only in a particular set of circumstances . . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Selya, Lipez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.