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Short Wins – the “Standard Conditions of Supervised Release Need Attention Too” Edition.

Here is a recap of some recent victories from the Sixth Circuit. Good to see vigilant defense counsel using foresight to prevent undue restrictions resulting from sentencing conditions.

United States v. Arnold. Sixth Circuit: A jury convicted Appellant of being a felon in possession of a firearm. At sentencing, the district court departed upward, at least in part, because of its concern that a longer term of imprisonment was needed to ensure that Appellant received appropriate mental health treatment. Specifically, the district court found that Appellant’s “anger” warranted an upward departure to promote public safety, but also that Appellant so needed a “psychiatric intervention” that the Court felt compelled “to grant the government’s motion to go outside and above the sentencing guidelines” to ensure the Appellant would receive that treatment. The Sixth Circuit found that the district court abused its discretion.

United States v. Kelly. Sixth Circuit: Appellant violated his terms of supervised release by failing to register as a sex offender. As part of its Judgment, the district court imposed that district’s rote conditions of supervised release for sex offenders. But the Appellant’s last sex offense predated the revocation by 26 years. Moreover, the record demonstrated that Appellant had a low likelihood of recidivism (for sex offenses), had no mental disorder, had benefitted from previous therapy, and the age had lessened the risk of re-offending. Under such circumstances, the district court abused its discretion and the sentence was substantively unreasonable. The case further highlights the need for Counsel to be vigilant when Courts seek to impose “standard” conditions of supervised release.

United States v. Wilson. Sixth Circuit: A jury convicted Appellants of conspiracy to defraud the United States and providing false information to the Social Security Administration. Appellants sought to demonstrate their good faith reliance on the advice of their accountant, but the district court precluded that effort. Specifically, the district court found that Appellants had not sufficiently made an offer of proof sufficient for the defense to be presented to the jury. The Sixth Circuit, finding that the district court abused its discretion, found that an offer of proof unnecessary. Rather, Appellants needed only to inform the court of the substance of the evidence to be presented. As a second finding of error, the Sixth Court found that the district court failed to articulate its reasoning for a leadership enhancement, which required reversal.

Robert Dietrick represents criminal defendants in the federal Courts of Appeals.

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