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Criminal Law: Sentencing-Special Conditions-Computer Restrictions
Where a defendant challenged the imposition of special condition of supervised release that forbids him from using computers or the internet without the permission of a probation officer, the totality of the circumstances justified the condition. Judgment is affirmed. U.S. v. Spallek (MLW No. 73805/Case No. 18-3113 – 4 pages) (U.S. Court of Appeals, 8th […]
Criminal Law: Supervised Release-Revocation-Special Conditions
Where a defendant challenged a 24-month sentence imposed upon the revocation of his supervised release and the imposition of special conditions, the appellate court declines to consider his arguments that the district court violated double jeopardy or that the district court judge should have recused himself because these arguments were already considered and rejected on […]
Criminal Law: Sentencing-Special Conditions
Where a defendant who pleaded guilty to failing to register as a sex offender challenged special conditions of supervised release, the district court did not abuse its discretion by requiring him to participate in a sex-offender-treatment program, and a probation against direct unsupervised contact with any minor without the written approval of the probation officer […]
Criminal Law: Child Pornography-Supervised Release-Special Conditions
Where a defendant in a child-pornography case argued that the district court failed to explain the basis for his life term of supervised release and that the court erred by imposing special conditions on the supervised release, the defendant did not show plain error in the court’s explanation, and the judgment is affirmed because […]
Criminal Law: Supervised Release-Special Conditions-Parental-Home Prohibition
Where a defendant, who repeatedly violated his conditions of supervised release, challenged a new special condition that barred him from living with his parents, the judgment is affirmed because the district court found that his mother lied to probation officers to protect him and allowed prohibited contact with a neighbor boy, and the court appropriately […]
Criminal Law: Supervised Release-Special Conditions-Missed Meeting
Where a defendant challenged findings that he violated the special conditions of supervised release, the district court did not err in finding that the defendant’s failure to attend a treatment session violated a special condition that required him to comply with his treatment plan, and the court did not abuse its discretion in finding that […]
Criminal Law: Supervised Release-Special Conditions-Alcohol Restriction
Where a defendant challenged the imposition of special conditions of supervised release that prohibited the consumption of alcohol and set a curfew, the judgment is reversed because the district court cited its general experience with prior offenders rather than conducting an individualized inquiry into the defendant’s alcohol use and drug history, and the imposition of […]
Criminal Law : Supervised Release – Special Conditions – First Amendment
U.S. v. Gatton (MLW No. 71957/Case No. 17-2276 – 3 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.)
Criminal Law : Guilty Plea – Plea Agreement – Special Conditions
State ex rel. Christine Delf v. Missey (MLW No. 70603/Case No. SC95800 – 21 pages) (Supreme Court of Missouri, Draper III, J.; Fischer, Wilson and Russell, concur; Breckenridge, C.J., dissents in separate opinion filed; Stith, J., concurs in opinion of Breckenridge, C.J. Powell, J., not participating)
Criminal Law : Supervised Release – Special Conditions
U.S. v. Sherwood (MLW No. 70252/Case No. 15-2902 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)
Criminal Law : Supervised Release – Special Conditions – Search
U.S. v. Winston (MLW No. 70249/Case No. 16-1978 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)
Criminal Law : Supervised Release – Special Conditions – Sexual Abuse
U.S. v. Schultz (MLW No. 70082/Case No. 15-3787 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, 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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