Rico v. United States

Summary

The Court, in an opinion by Justice Gorsuch joined by Chief Justice Roberts and Justices Thomas, Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, held that the Sentencing Reform Act does not automatically extend supervised release when a defendant absconds. The Act expressly specifies permissible extensions, tolling, and postexpiration revocation proceedings without authorizing the Ninth Circuit’s rule. The Court reversed and remanded, leaving any harmless-error question for initial consideration below. Justice Alito dissented alone. He would affirm because the sentencing judge could consider Rico’s postexpiration drug offense under the statutory sentencing factors and impose the same sentence regardless of the advisory Guidelines range.