The question
Whether a district court deciding whether to revoke a defendant's term of supervised release may consider 18 U.S.C. Section 3553(a)(2)(A), the retribution factor that Section 3583(e) omits from the factors governing revocation.
Esteras v. United States
What the Court decided
The Court reversed the Sixth Circuit. A district court considering whether to revoke a defendant's term of supervised release may not consider 18 U.S.C. Section 3553(a)(2)(A), the factor addressing the need for a sentence to reflect the seriousness of the offense, promote respect for the law, and provide just punishment. Section 3583(e) directs courts to weigh only eight of the ten Section 3553(a) sentencing factors, and Section 3553(a)(2)(A) is one of the two omitted. Under the expressio unius canon, listing eight factors implies the exclusion of the other two.
How the justices split
7-2The Court's opinion
Barrett, joined by Roberts, Thomas, Kagan, Kavanaugh, Sotomayor, Jackson
Held that district courts may not consider Section 3553(a)(2)(A) when revoking supervised release. Section 3583(e) lists only eight of the ten Section 3553(a) factors, and under the expressio unius canon, expressing those eight excludes the two Congress omitted, including the retribution factor. The statutory structure confirms this negative inference. Sotomayor and Jackson joined all but Part II-B.
Concurring in part and in the judgment
Sotomayor, joined by Jackson
Agreed with the Court's judgment and joined most of its opinion but did not join Part II-B, writing separately to explain a narrower basis for the result.
Concurring in part and in the judgment
Jackson, writing alone
Agreed with the Court's judgment and joined most of its opinion but did not join Part II-B, writing separately to state her own reasoning.
Dissenting
Alito, joined by Gorsuch
Disagreed with the majority's reading of the statute and would have held that a district court may consider Section 3553(a)(2)(A) when revoking supervised release.
How we know · 5 sourced claims
The Court held that a district court considering whether to revoke supervised release may not consider Section 3553(a)(2)(A).
Source: syllabus, Held
Section 3583(e) directs courts to consider only eight of the ten Section 3553(a) sentencing factors when revoking supervised release.
Source: syllabus, Held
The Court relied on the expressio unius est exclusio alterius canon, reasoning that listing eight factors implies the exclusion of the other two.
Source: syllabus, Held
Barrett delivered the opinion of the Court, joined in full by Roberts, Thomas, Kagan, and Kavanaugh, and joined by Sotomayor and Jackson as to all but Part II-B.
Source: syllabus, lineup
Alito filed a dissenting opinion, in which Gorsuch joined.
Source: syllabus, lineup