Blog readers may recall a previous post about the district court practice of tolling the term of supervised release when a defendant will be deported after serving his term of imprisonment. The Sixth Circuit is the only circuit that has endorsed this tolling practice. At least three other circuits have rejected such tolling as exceeding statutory authority (for details, see previous post).
The Sixth Circuit recently granted a defendant’s request for rehearing en banc on the legality of tolling the term of supervised release while a defendant is deported, in United States v. Ossa-Gallegos, No. 05-5824. Mr. Ossa-Gallegos is represented by attorneys Ron Small and Jennifer Coffin at the Federal Public Defender in M.D. Tennessee, a district where many district judges do routinely toll the term of supervised release.
The order granted en banc review was entered in October. All supplemental briefs must be filed by December 13, 2006. Oral argument has not yet been scheduled.