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Jason J. Mont v. United States

IFP petition · United States Court of Appeals for the Sixth Circuit, No. 17-3732 · judgment February 15, 2018

Decided · June 3, 2019

Question presented

Whether a statute directed to the administration of imprisoned individuals serves as authority to alter or suspend the running of a criminal sentence of supervised release, when such "tolling'' is without judicial action, and requires the term "imprisonment" as used in the administrative statute, to include pretrial detention prior to an adjudication of guilt. Is a district court required to exercise its jurisdiction in order to suspend the running of a supervised release sentence as directed under 18 U.S.C. §3583(i) prior to expiration of the term of supervised release, when a supervised releasee is in pretrial detention, or does 18 U.S.C. §3624 (e) toll the running of supervised release while in pretrial detention?

Counsel of record

For petitioner
Vanessa Faye Malone
Office of the Federal Public Defender

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Argument & decision

Argued February 26, 2019 — Vanessa F. Malone · Jenny Ellickson. Audio and transcript

Decided June 3, 2019. Opinion by Thomas.

Proceedings

  1. Jul 05 2019
    JUDGMENT ISSUED.
  2. Jun 03 2019
    Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Alito, and Kavanaugh, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Breyer, Kagan, and Gorsuch, JJ., joined.
  3. Feb 26 2019
    Argued. For petitioner: Vanessa F. Malone, Akron, Ohio. For respondent: Jenny Ellickson, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
  4. Feb 14 2019
    Reply of petitioner Jason Mont filed. (Distributed)
  5. Jan 16 2019
    Brief of respondent United States filed. (Distributed)
  6. Jan 15 2019
    CIRCULATED
  7. Jan 11 2019
    Record requested from the U.S.C.A. 6th Circuit.
  8. Jan 11 2019
    Record from the U.S.C.A. 6th Circuit is available both on PACER and electronic.
  9. Dec 21 2018
    SET FOR ARGUMENT for Tuesday, February 26, 2019.
  10. Dec 17 2018
    Joint appendix filed. (Statement of costs filed)
  11. Dec 17 2018
    Brief of petitioner Jason Mont filed.
  12. Nov 02 2018
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
  13. Oct 29 2018
    DISTRIBUTED for Conference of 11/2/2018.
  14. Oct 04 2018
    DISTRIBUTED for Conference of 10/26/2018.
  15. Oct 01 2018
    Reply of petitioner Jason Mont filed. (Distributed)
  16. Sep 17 2018
    Brief of respondent United States in opposition filed.
  17. Aug 13 2018
    Motion to extend the time to file a response from August 17, 2018 to September 17, 2018, submitted to The Clerk.
  18. Aug 13 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including September 17, 2018.
  19. Jul 12 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including August 17, 2018.
  20. Jul 11 2018
    Motion to extend the time to file a response from July 18, 2018 to August 17, 2018, submitted to The Clerk.
  21. Jun 14 2018
    Motion to extend the time to file a response is granted and the time is extended to and including July 18, 2018.
  22. Jun 13 2018
    Motion to extend the time to file a response from June 18, 2018 to July 18, 2018, submitted to The Clerk.
  23. May 15 2018
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 18, 2018)