Rico v. United States · ¶18

Relevant as well, the Act authorizes other extension and (true) tolling rules. Take a few examples. Section 3583(e)(2) permits a court to “extend a term of supervised release,” but only subject to important limitations. A court must generally hold a hearing and consider various sentencing factors. See § 3583(e)(2); Fed. Rule Crim. Proc. 32.1. A court cannot extend supervised release beyond the maximum term set by statute. See § 3583(e)(2). Nor may a court extend a term of supervised release if that term has already expired. See ibid.; Brief for United States 8, 38, 45. The Ninth Circuit's automatic extension rule disregards not just one but each of these limits. Under its approach, no hearing is needed, a term of supervised release may extend beyond the statutory maximum, and a court-ordered expiration date becomes meaningless.

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