United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED May 15, 2025 No. 24-10172 ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus Wesley Swick,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 7:09-CR-16-1 ______________________________ Before Wiener, Stewart, and Southwick, Circuit Judges. Leslie H. Southwick, Circuit Judge: Nearly sixteen years ago, Wesley Swick pled guilty to possessing a stolen firearm in violation of 18 U.S.C. § 922(j). He was sentenced to 33 months in prison, to run concurrently with longer state sentences, and two years of supervised release. Eight years later he was released from state prison but did not report to federal supervision as required by the conditions of his supervised release. Swick’s failure to report was not noticed until after his supervised release should have ended. The district court revoked his supervised release based on crimes he committed while at large, asserting jurisdiction based on what has been called fugitive tolling. We conclude that Case: 24-10172 Document: 76-1 Page: 2 Date Filed: 05/15/2025

No. 24-10172

fugitive tolling applies to supervised release, and there was adequate evidence to support revocation. We AFFIRM. FACTUAL AND PROCEDURAL BACKGROUND In 2009, Wesley Swick pled guilty in the United States District Court for the Northern District of Texas, Wichita Falls Division, to possessing a stolen firearm in violation of 18 U.S.C. § 922(j). The district court sentenced him to 33 months in prison, to run concurrently with longer state sentences, and two years of supervised release. One of the conditions of Swick’s supervised release required him to report to probation within 72 hours of his release from prison. Swick was released from state prison to mandatory state supervision on September 29, 2017, and he successfully completed that supervision on April 2, 2018. He did not, however, report to federal probation within 72 hours of his release on September 29, 2017, when the parties agree his federal supervised release began. 18 U.S.C. § 3624(e). Even so, the Government did not immediately notice, and so our story continues. Over the next five years, Swick stayed in Wichita Falls and committed a slew of state crimes. Although other charges were dismissed, Swick was convicted on December 4, 2018, for associating with known gang members in violation of a court order, and again on September 13, 2019, for felony theft and evading arrest with a vehicle. Swick spent just under three years in state prison for these offenses — 34 days for the 2018 convictions and 1,045 days for the 2019 convictions. 1 He was released from state prison on parole on May 31, 2022, and he successfully completed his parole on July 21, 2022. Swick’s time in state prison tolled the end of his supervised release by around 1,079 days. See 18 U.S.C. § 3624(e). As a result, his supervised release,

_____________________ 1 Although Swick was sentenced to three years in prison for the 2019 offenses, with good tim