Articles Tagged with “Supervised Release”

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It’s a grab bag of victories in the federal circuits for last week. A few sentencing remands – including one based on a loss calculation in a health care fraud case – but the most interesting remand is in the First Circuit’s opinion in United States v. Delgado-Marrero.

To the victories!

1155650_berlin_siegessule.jpg1. United States v. Delgado-Marrero, First Circuit: Delgado-Marrero and Rivera-Claudio were both convicted by a jury of drug and gun charges and sentenced to 15 years in prison. Delgado-Marrero was granted a new trial because the district court erred by excluding testimony of a defense witness. The First Circuit also found error with regard to Rivera-Claudio’s sentence because the district court failed to properly instruct the jury that in answering a post-verdict special question regarding quantity of drugs, they needed to be sure of the quantity beyond a reasonable doubt.

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Gentle readers,

The Courts of Appeal have been more diligent in issuing opinions than we’ve been in posting them. Apologies. As those of you who do trial work can understand, sometimes it’s really hard to do anything other than eat and sleep when there are witnesses to prepare for and arguments to make. Alas.

That said, wow, these are a bunch of cases that a scholar of sentencing and supervised release law would love. Enjoy!

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There are some good wins in the federal circuits from last week, but I think that perhaps the most interesting is U.S. v. Malenya.

The case deals, primarily, with supervised release conditions. I’ve seen some odd supervised release conditions, but this one takes the cake:

You shall notify the U.S. Probation Office when you establish a significant romantic relationship, and shall then inform the other party of your prior criminal history concerning your sex offenses. You understand that you must notify the U.S. Probation Office of that significant other’s address, age, and where the individual may be contacted.

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There’s a great diversity of cases where defendants won in the federal circuit’s last week.

Probably the most significant – in terms of it’s implication for other cases, is the discovery dispute in United States v. Muniz-Jaquez from the Ninth Circuit.

Though, of course, it’s still from the Ninth Circuit.

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There are some dramatic wins in the federal appeals courts. Sometimes an entire conviction is overturned, and it is clear that the person will walk free. Other times, a large and unjust sentence is reversed.

And then there are this week’s “wins”. In one, a former judge, convicted of fraud, will have the total punishment imposed on him reduced by $100 – the cost of the Special Assessment that was imposed on a count that exceeded the statute of limitations.

In another, the district court imposed a condition of supervised release ordering treatment for a gambling addiction in the Judgment following the sentencing hearing, but not at the hearing itself. So the case will go back for a sentencing hearing where the judge can say that the person is going to be going to treatment for gambling addiction to the person’s face.

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There are a handful of resentencing remands in the federal courts last week.

Perhaps most interesting is United States v. Francois, remanding because the sentence imposed exceeded the statutory maximum. One doesn’t see that too often (though it’s preserved in even the most aggressive appeal waivers – I think of it as a theoretical thing rather than a real meaningful risk, but, hey, last week was the week.).

To the victories!

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Who doesn’t love a good Franks hearing? Apparently the district court judge in the Seventh Circuit case of United States v. McMurtrey.

It’s a relatively quiet week in the federal circuit’s for defense victories. A Fourth Amendment win in the Tenth Circuit, a few sentencing remands, and, most exciting (for me) a Franks hearing remand in the Seventh.

To the victories!

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It’s a dog’s breakfast of victories in the nation’s federal criminal appellate courts.

Personally, I love a good case on the district court’s contempt power — look to see the Fourth Circuit’s contempt reversal in United States v. Peoples profiled in more depth a little later in the week. The case has everything — a pro se litigant, a finding of contempt, and profanity (which is tastefully referred to in the opinion). It reminds me of another great pro se contempt case from last year. It reminds me, too, of the Sixth Circuit’s relatively recent case on the limits of a district court’s power to sanction a lawyer. Always good stuff.

Which is not to give short shrift to the two other wins from last week — resentencing in an illegal reentry case and unsupported supervised release conditions in a federal sex case.

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It’s easy to hate people who are found guilty of child pornography charges. People don’t like it when other people sexualize children

But, as the Sixth Circuit held in United States v. Inman, a district court still has to give reasons to be mean to them.

Mr. Inman pled guilty to possession of child pornography. He was sentenced to 57 months in prison.

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Anthony Doswell was having a bad run of luck.

He was on supervised release from the end of a federal sentence. Supervised release works a bit like probation for those who have been in prison – folks coming out of a federal prison have a period of years where they have to check in with a probation officer, be drug tested, and, if they mess up, sent back to prison.

1268685_washington_monument.jpgOne big way to mess up is to commit a new crime. The rub is that a person can be violated – and sent back to prison – for committing a new crime, not just for being convicted of committing a new crime.

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