Rico v. United States · ¶28

Moving past our precedents, the government next appeals to the common law. For centuries, the government observes, common-law courts have held that the time between a defendant's escape from prison and his recapture generally does not count toward the discharge of his sentence. It is a rule, the government notes, premised on the commonsense view that an escapee should take no “ `manner of advantage from it.' ” Brief for United States 25 (quoting 2 W. Hawkins, Pleas of the Crown 200 (6th ed. 1788)). And it is a rule, the government says, we should assume Congress meant to carry forward under the Sentencing Reform Act—and one that should ultimately lead us to adopt the Ninth Circuit's rule. Brief for United States 29.

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