Argued: January 31, 2019
from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, Senior
District Judge. (3:03-cr-00420-HEH-1)
Patrick L. Bryant, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Alexandria, Virginia, for Appellant.
Taft Grano, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria,
Virginia, for Appellee.
C. Kamens, Federal Public Defender, Alexandria, Virginia, Nia
A. Vidal, Assistant Federal Public Defender, OFFICE OF THE
FEDERAL PUBLIC DEFENDER, Richmond, Virginia, for Appellant.
Zachary Terwilliger, United States Attorney, OFFICE OF THE
UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
GREGORY, Chief Judge, and THACKER and HARRIS, Circuit Judges.
HARRIS, Circuit Judge.
Jazir Thompson, a native of Jamaica, was sentenced to a
five-year term of supervised release. A special condition of
that release prohibited Thompson, once deported, from
returning to the United States without permission and
required, if he did reenter, that Thompson report promptly to
probation. Six months before his supervised release term was
to end in June of 2015, Thompson returned to the United
States without permission, did not report to probation, and
instead used an alias to avoid detection for several years.
Thompson finally was apprehended in 2017 and charged with
violating the conditions of his supervised release, he argued
that the government was too late: Because his five-year
supervised release term had expired in 2015, the district
court was without jurisdiction to sanction any violations.
The district court disagreed, holding that the term of
Thompson's supervised release was tolled when Thompson
became a fugitive, actively concealing himself from probation
while residing in the United States. The court went on to
sentence Thompson to 30 months' imprisonment for
violations of his supervised release conditions.
main issue presented by this appeal, we agree with the
district court: The doctrine of fugitive tolling applies in
this case, extending the period of time during which the
district court was authorized to sanction Thompson's
violations. Questions remain, however, about the precise
duration of that tolling, and whether the fugitive tolling
doctrine or some other legal provision authorized the
district court to impose sanctions in January of 2018.
Accordingly, we vacate the district court's supervised
release order and remand for further proceedings.
heart of this case is a five-year term of supervised release
to which Phillip Jazir Thompson was sentenced in 2004, after
pleading guilty to drug and weapons charges. The term began
on June 16, 2010, when Thompson completed a 180-month ...