United States Sixth Circuit

"Tolling" is not a "condition" in the sense in which the term is used in 18 U.S.C. section 3583(d), and therefore, courts do not have authority under section 3583(d) to issue special "conditions" of supervised release which toll the period for which deported aliens are subject to supervised release. Consequently, the practice of tolling a period of supervised release for a deported offender is not authorized by sentencing statutes.

Appellate Information

• Decided 06/21/2007
• Published 06/21/2007

Judges

• Before:  BOGGS, Chief Judge;  MARTIN, BATCHELDER, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Ronald C. Small, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  Byron M. Jones, United States Attorney, Nashville, Tennessee, for Appellee.   ON BRIEF:  Ronald C. Small, Jennifer N. Coffin, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  Byron M. Jones, United States Attorney, Nashville, Tennessee, for Appellee.