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Rico v. United States · ¶25

For another thing still, an anomaly lies at the heart of the government's theory. The government contends that Ms. Rico was not supervised from early 2018 until 2023 and, accordingly, should not have that period counted toward her term of supervised release. But in the same breath, the government argues that her January 2021 state offenses and her January 2022 state drug offense count as federal violations because her term of supervised release continued to run during the entire length of her abscondment. In a very real sense, then, the government asks us to imagine that Ms. Rico was both off and on supervised release at the same time. Really, it is quite the puzzle.
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