[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-13921 ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAMES REGINALD TALLEY, a.k.a. Reggie Jones,

Defendant-Appellant.

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:09-cr-00061-VMC-MAP-1 ____________________ USCA11 Case: 22-13921 Document: 48-1 Date Filed: 09/07/2023 Page: 2 of 20

2 Opinion of the Court 22-13921

Before WILSON, GRANT, and BRASHER, Circuit Judges. BRASHER, Circuit Judge: This appeal requires us to decide whether absconding dur- ing a term of supervised release tolls the supervised release period. James Reginald Talley, a convicted felon, appeals the district court’s judgment revoking his supervised release and ordering him imprisoned based in part on a violation committed after his super- vised release had lapsed but while he was, based on the district court’s findings, a fugitive from justice. We hold that the district court erred in tolling Talley’s period of supervised release based on his fugitive status. In doing so, we join the First Circuit and part company with the Second, Third, Fourth, and Ninth Circuits. Ac- cordingly, we vacate the district court’s judgment and remand for resentencing. I.

In 2010, James Talley pleaded guilty in the United States Dis- trict Court for the Middle District of Florida to one count of pos- sessing a firearm as a convicted felon in violation of 18 U.S.C. § 922(g)(1). The district court sentenced Talley in 2016 to 100 months’ imprisonment followed by three years of supervised re- lease. The court imposed numerous conditions on Talley’s super- vised release, including that Talley “shall not commit another fed- eral, state or local crime”; “shall not leave the judicial district with- out the permission of the court or probation officer”; “shall report to the probation officer in a manner and frequency directed by the court or probation officer”; “shall answer truthfully all inquiries by USCA11 Case: 22-13921 Document: 48-1 Date Filed: 09/07/2023 Page: 3 of 20

22-13921 Opinion of the Court 3

the probation officer and follow the instructions of the probation officer”; “shall notify the probation officer at least ten (10) days prior to any change in residence or employment”; “shall not,” un- less granted permission by the probation officer, “associate with any persons” who are “engaged in criminal activity” or who have been “convicted of a felony”; “shall permit a probation officer to visit him . . . at any time at home or elsewhere”; “shall participate in a substance abuse program,” which will include “submit[ting] to random drug testing”; and “shall cooperate in the collection of DNA, as directed by the Probation Officer.” Talley completed his custodial sentence and began serving his three-year term of supervised release on May 10, 2018. Less than four months before his supervision was set to expire, the pro- batio