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Article • May 7, 2018 • from P&J May, 2018
U.S. v. Henry, No. Crim. No. 17-216 (CKK) (D.D.C.) (280 F.Supp.3d 125) (December 1, 2017) (Judge Coleen Kollar-Kotelly) by Here the Court granted bail in a drug case after concluding that the series of special release conditions imposed by the Magistrate Judge were sufficient to protect the safety interests of …
Article • September 1, 2007 • from P&J September, 2007
U.S. v. Sabhnani, No. 07-2567-cr(L) (2nd Cir.) (493 F.3d 63) (July 6, 2007) (Judge Reena Raggi) by For a commentary on this decision, see "Panel Upsets Detention Order Imposed on L.I. Couple," by Mark Hamblett, The New York Law Journal, July 10, 2007, as follows: "A Long Island couple accused …
Article • September 1, 1999 • from P&J September, 1999
U.S. v. Hill, No. CR 99-60010-01-HO (D.Or.) (51 F.Supp.2d 1091) (May 12, 1999) (Judge Magistrate) by In this case the Court denied a Government request to impose conditions of release designed to interfere with a couple's spousal relationship in order to induce the defendant's fugitive spouse to voluntarily surrender on …
Article • April 1, 1998 • from P&J April, 1998
U.S. v. Cottman, No. 96-5492 (3rd Cir.) (136 F.3d 952) (February 18, 1998) (Judge Jane R. Roth) by While this case contains a detailed discussion of the sentence enhancement for being “in the business” of receiving and selling stolen property which is contained in U.S.S.G. § 2B1.1(b)(4)(B), it is noted …
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Coenen, No. 97-30101 (5th Cir.) (135 F.3d 938) (February 18, 1998) (Judge Rhesa Hawkins Barksdale) by This case presents a dramatically graphic illustration of some of the by-products of the prevailing "Scarlet Letter" mentality that is beginning to take hold in America as we begin to accelerate our …
Article • January 1, 1998 • from P&J January, 1998
U.S. v. Simmons, No. 97-1763 (7th Cir.) (130 F.3d 1223) (November 19, 1997) (Judge Terrence T. Evans) by Court ruled the district court had authority to impose drug testing and counseling as a condition of supervised release.
Article • September 1, 1997 • from P&J September, 1997
U.S. v. Crea, No. 93-CR-506(SJ) (E.D.N.Y.) (968 F.Supp. 826) (June 26, 1997) (Judge Sterling Jr. Johnson) by This is one of those sweeping, petulant decisions which deals with a topic that is becoming increasingly important - namely the conditions under which the growing hordes of ex-cons are required to live …
Article • September 1, 1997 • from P&J September, 1997
U.S. v. Crea, No. 93-CR-506(SJ) (E.D.N.Y.) (968 F.Supp. 826) (June 26, 1997) (Judge Sterling Jr. Johnson) by QUOTE OF THE WEEK - Must defendants automatically agree in writing to the imposition of the 13 "standard conditions" of supervised release spelled out in U.S.S.G. § 5B1.4 whether or not they are …
Article • September 1, 1997 • from P&J September, 1997
U.S. v. Morey, No. 97-1377 (8th Cir.) (120 F.3d 142) (July 22, 1997) (Per Curiam) by United States v. Morey, 120 F.3d 142 (8th Cir. 1997) (Per Curiam) Benson v. United States, 969 F.Supp. 1129 (N.D.Ill. 1997) (Judge Alesia) Both of these cases visit an issue that is destined to …
Article • September 1, 1997 • from P&J September, 1997
U.S. v. Crea, No. 93-CR-506(SJ) (E.D.N.Y.) (968 F.Supp. 826) (June 26, 1997) (Judge Sterling Jr. Johnson) by This is one of those sweeping, petulant decisions which deals with a topic that is becoming increasingly important - namely the conditions under which the growing hordes of ex-cons are required to live …
Article • August 1, 1997 • from P&J August, 1997
U.S. v. Ritter, No. 97-1182 (6th Cir.) (118 F.3d 502) (July 22, 1997) (Judge Karen Nelson Moore) by Third party notification. This decision rejects a challenge to one of the Guidelines most controversial conditions of supervised release: the requirement that obligates the felon to "notify third parties of risks that …
Article • December 1, 1996 • from P&J December, 1996
U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé) by Court affirmed condition of probation that required probationer to give "any requested financial information" to Probation Officer.
Article • November 1, 1996 • from P&J November, 1996
U.S. v. Leaphart, No. 96-1021 (2nd Cir.) (98 F.3d 41) (October 21, 1996) (Judge Robert N. Chatigny) by Here the Court held that home detention may be imposed as a condition of probation or supervised release, but only as a substitute for imprisonment.
Article • August 1, 1996 • from P&J August, 1996
U.S. v. Lampien, No. 95-3396 (7th Cir.) (89 F.3d 1316) (July 12, 1996) (Judge Ilana Diamond Rovner) by Court held that district court exceeded its authority by imposing a broad series of restitution conditions including the execuction of a quit-claim deed to the insurance company from whom the defendant embezzeled …
Article • July 1, 1996 • from P&J July, 1996
U.S. v. Gigante, No. 96-1234, No. 2006 (2nd Cir.) (85 F.3d 83) (May 30, 1996) (Per Curiam) by Special Feature A few weeks ago, we read, but decided not to comment on, a Second Circuit case, entitled U.S. v. Gigante, 85 F.3d 83 (2nd Cir. 1996). Upon our initial review …