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Criminal Law: Supervised Release-Special Condition-Residential Reentry Center
Where a defendant challenged the imposition of a requirement that he temporarily reside at a residential reentry center as a special condition of supervised release, the district court did not abuse its discretion in imposing the condition, so the judgment is affirmed. Judgment is affirmed. U.S. v. Hardiman (MLW No. 74772/Case No. 19-3441 – 2 […]
Criminal Law: Sentencing-Special Condition-Guilty Plea
Where a defendant argued that his guilty plea was not knowing and voluntary, the record showed that the plea was proper, and the district court had ample reasons to impose the sophisticated-means and unauthorized-use-of-identification enhancements at sentencing, but a special condition that required the defendant to refrain from alcohol and attend substance-abuse treatment and potentially [&hellip[...]
Criminal Law: Supervised Release-Special Condition-Associating With Felons
Where a defendant challenged a special condition of supervised release that prohibited him from associating with convicted felons without permission from a probation officer, arguing that the condition barred him from contact with his brother, a convicted felon, the defendant filed his notice of appeal past the deadline, so the appeal is dismissed for lack […]
Criminal Law: Sentencing-ACCA-Special Condition
Where a defendant challenged his sentence in a felon-in-possession case, arguing that a prior Arkansas conviction for aggravated assault and a South Carolina conviction for pointing a gun at someone were not violent felonies or crimes of violence under the guidelines, the district court did not plainly err, and a special condition of supervised release […]
Criminal Law: Supervised Release-Special Condition-Contact with Family
Where a defendant in a sexual-abuse case challenged a special condition of supervised release that restrained him from contacting his sister and his adult son without approval, the judgment is approved because the condition was supported by sufficient evidence of violent confrontations and abusive conduct and was not a greater-than-necessary deprivation of liberty. Judgment is […]
Criminal Law: Sentencing-Special Condition
Where a defendant, who violated the terms of his supervised release, challenged the substantive reasonableness of his sentence as well as a condition that he reside at a re-entry center, the judgment is affirmed because the sentence imposed was within the discretion of the court and was consistent with the purposes of supervised release, and […]
Criminal Law: Supervised Release-Special Condition
Where a defendant objected to the revocation of his supervised release based on the violation of two special conditions, the judgment is affirmed because the district court did not err in imposing a ban on alcohol and the defendant’s second objection is rejected because it was made 13 years after the condition was imposed. Judgment […]
Criminal Law: Supervised Release-Special Condition-Compliance
Where a defendant challenged his sentence after he violated the conditions of his supervised release, the judgment is affirmed because the district court accurately calculated the sentencing range, considered the applicable factors including medical needs and did not abuse its discretion in deciding not to place him in a treatment program. Judgment is affirmed. U.S. […]
Criminal Law: Supervised Release-Special Condition-Admission
Where a defendant argued that the district court erred in accepting his admission to violating a special condition of supervised release, the judgment is affirmed because the admission was knowing and voluntary, and the defendant affirmatively waived his challenge to the reasonableness of his sentence. Judgment is affirmed. U.S. v. Elbert (MLW No. 72551/Case No. […]
Criminal: Special Condition-Mental Health Treatment
Where a defendant challenged the imposition of a special condition of supervised release that required him to participate in an evaluation for anger management and domestic violence, the district court properly imposed the condition based on the defendant’s history of domestic violence even though the domestic-violence conviction was 15 years old because the court showed […]
Criminal Law : Supervised Release – Special Condition – ‘Erotica’
U.S. v. Sebert (MLW No. 71982/Case No. 17-2771 – 6 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)
Criminal Law : Supervised Release – Special Condition – Contact With Fiancee
U.S. v. Glover (MLW No. 71782/Case No. 16-4114 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.)
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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