Partner Adam Unikowsky will argue before the Supreme Court of the United States on November 3 for Rico v. United States, a matter in which the Supreme Court will consider whether the fugitive-tolling doctrine also applies when a defendant is not in prison but is instead on supervised release.
The fugitive-tolling doctrine is the legal principle that a criminal defendant should not receive credit toward their sentence for time spent as a fugitive. Adam assisted in filing a reply brief earlier this month arguing that the court should reject the fugitive tolling in the supervised release context because there is "no statutory support for it."
The Court's decision will clarify both how supervised release functions when defendants abscond and when Congress incorporates common-law rules into statutes.
The case was added to the Supreme Courts 2025-2026 term in June.