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Article • February 12, 2017 • from P&J February, 2017
U.S. v. Ferguson, No. 15-3753 (7th Cir.) (831 F.3d 850) (August 3, 2016) (Judge David F. Hamilton) by This is an exemplary sentencing decision in which the Court vacated a sentence of 600 months (which represented an increase of more that 31 years above the top of the Guidelines sentencing …
Article • August 1, 2016 • from P&J August, 2016
U.S. v. Ortiz, No. 15-3240 (7th Cir.) (817 F.3d 553) (March 28, 2016) (Judge Richard A. Posner) by The defendant in this case, Derek Ortiz, was one of four defendants whose sentences were previously vacated by the Seventh Circuit due to various problems stemming from the imposition of numerous conditions …
Article • May 25, 2015 • from P&J May, 2015
U.S. v. Thompson, No. 14-1316 (7th Cir.) (777 F.3d 368) (January 13, 2015) (Judge Richard A. Posner) by U.S. v. Thompson, 777 F.3d 368 (7th Cir. Jan. 13, 2015) (Judge Richard A. Posner) U.S. v. Sewell, 780 F.3d 839 (7th Cir. March 13, 2015) (Judge Michael S. Kanne) These two …
Article • February 16, 2015 • from P&J February, 2015
U.S. v. Cason, No. 01-CR-W-HFS (W.D.Mo.) (25 F.Supp.3d 1212) (June 13, 2014) (Judge Howard F. Sachs) by
Article • April 14, 2014 • from P&J April, 2014
U.S. v. Williams, No. 13-2836 (7th Cir.) (739 F.3d 1064) (January 14, 2014) (Judge Richard A. Posner) by From the rarified atmosphere of Posnerland comes this sweeping decision expanding the permitted scope of special conditions of supervised release; and, because of the exalted status if its author, Judge Richard Posner, …
Article • September 17, 2012 • from P&J September, 2012
U.S. v. Worley, No. 11-4348 (4th Cir.) (685 F.3d 404) (July 13, 2012) (Judge Roger L. Gregory) by U.S. v. Murray, No. 11-3196 (3rd Cir. Sept. 5, 2012) (Judge Julio Fuentes) U.S. v. Worley, 685 F.3d 404 (4th Cir. July 13, 2012) (Judge Roger Gregory) Both of these cases are …
Article • September 17, 2012 • from P&J September, 2012
U.S. v. Murray, No. 11-3196 (3rd Cir.) (692 F.3d 273) (September 5, 2012) (Judge Julio M. Fuentes) by U.S. v. Murray, No. 11-3196 (3rd Cir. Sept. 5, 2012) (Judge Julio Fuentes) U.S. v. Worley, 685 F.3d 404 (4th Cir. July 13, 2012) (Judge Roger Gregory) Both of these cases are …
Article • December 1, 2011
M.F. v. N.Y. Exec. Dept. Division of Parole, No. 10-2074-cv (2nd Cir.) (640 F.3d 491) (April 11, 2011) (Judge Gerard E. Lynch) by In a dispute involving the scope of the Interstate Compact for Adult Offender Supervision (the Compact), judgment of the district court upholding special conditions placed on relocation …
Article • December 1, 2008 • from P&J December, 2008
Castaneda v. U.S., No. 08-55684 (9th Cir.) (546 F.3d 682) (October 2, 2008) (Judge Milan D. Jr. Smith) by
Article • October 1, 2008 • from P&J October, 2008
U.S. v. Woods, No. 07-51491 (5th Cir.) (547 F.3d 515) (October 28, 2008) (Per Curiam) by A special condition of supervised release forbidding the defendant from residing with any person to whom she is not married or related by blood was overly broad and involved a greater deprivation of liberty …
Article • March 1, 2008 • from P&J March, 2008
U.S. v. Dupes, No. 05-5522-cr(L) (2nd Cir.) (513 F.3d 338) (January 9, 2008) (Judge John F. Keenan) by Sentence based on guilty plea to securities fraud and conspiracy to commit securities fraud is affirmed over defendant's claims that: 1) the imposition of special conditions of supervised release relating to his …
Article • February 1, 2008 • from P&J February, 2008
Castaneda v. U.S., No. CV 07-07241 DDP (C.D.Cal.) (538 F.Supp.2d 1279) (March 11, 2008) (Judge Dean D. Pregerson) by Here the Court denied a defense motion to dismiss a Bivens action against a number of individual Public Health Service defendants, holding that the law did not preclude such actions for …
Article • November 1, 2007 • from P&J November, 2007
U.S. v. Betts, No. 06-50205 (9th Cir.) (511 F.3d 872) (December 14, 2007) (Judge Andrew J. Kleinfeld) by Marcus Betts worked for TransUnion LLC, one of the three major credit reporting agencies. He was charged with conspiring with his codefendants to take bribes from people who wanted to improve their …
Article • July 1, 2006 • from P&J April, 2006
Farrell v. Burke, No. 05-0169-cv (2nd Cir.) (449 F.3d 470) (May 31, 2006) (Judge Sonia Sotomayor) by In this 45-page decision, the Second Circuit upheld the arrest of paroled sex offender Christopher Farrell for violating a condition of his supervised release that prohibited him from possessing pornography. Farrell challenged the …
Article • January 1, 2006 • from P&J January, 2006
U.S. v. Smith, No. 04-2448 (1st Cir.) (436 F.3d 307) (February 8, 2006) (Judge Bruce M. Selya) by This is another case in which a court upheld a sweeping special condition of supervised release which, on its face, appeared to have little direct connection to his crime of conviction. Gregory …
Article • July 1, 2003 • from P&J July, 2003
U.S. v. T.M., No. 02-10189 (9th Cir.) (330 F.3d 1235) (June 4, 2003) (Judge Jr. William C. Canby) by Here the Court held that the imposition of special conditions on a defendant convicted of drug crimes requiring him to participate in sex offender treatment and register as a sex offender, …
Article • April 1, 2003 • from P&J April, 2003
U.S. v. Fields, No. 02-3266 (8th Cir.) (324 F.3d 1025) (April 8, 2003) (Judge Diana E. Murphy) by Here the Court affirmed affirms as reasonable, not overly vague and not unduly restrictive, a special condition of supervised release that prohibited the defendant (who was convicted of child pornography) from owning …
Article • March 1, 2003 • from P&J March, 2003
U.S. v. Dotson, No. 02-4208 (4th Cir.) (324 F.3d 256) (March 28, 2003) (Judge William B. Jr. Traxler) by In one sense, this is just another case about the broad range of “special conditions” of supervised release that are rapidly becoming “standard conditions” at sentencing. In another sense, the case …
Article • March 1, 2003 • from P&J March, 2003
U.S. v. Ridgeway, No. 02-11751 (11th Cir.) (319 F.3d 1313) (January 31, 2003) (Per Curiam) by Here the Court held that a special condition of supervised release requiring the defendant to “refrain from conduct or activities which would give reasonable cause to believe [that he has] violated any criminal law” …
Article • January 1, 2003 • from P&J January, 2003
U.S. v. Allen, No. 01-2643 (1st Cir.) (312 F.3d 512) (December 10, 2002) (Judge Juan R. Torruella) by A special condition of defendant's supervised release, relating to alcohol, was reasonably related to defendant's history and to goals of supervised release; and a mental healt condition did not involve an impermissible …
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