News & Analysis as of

Supervised Release

Rodemer Kane Attorneys at Law

Early Termination Of Probation - Is It Possible In Colorado?

Many individuals that are required to be on probation don’t realize how it can significantly impact an individual's life by placing strict requirements and monitoring that can curtail their freedom and decision-making...more

Patterson Belknap Webb & Tyler LLP

Circuit Clarifies Precedent, Holds That Sentencing Court Need Not Separately Explain Reasons For Imposition of 20-Year Supervised...

In United States v. Williams, a per curiam decision, the Second Circuit (Pooler, Sullivan, Park) affirmed the imposition of a 20-year term of supervised release on a defendant convicted of child pornography offenses, holding...more

Patterson Belknap Webb & Tyler LLP

Circuit Rejects “Listening Circle” Release Condition For Defendant Who Threatened To Assassinate Member of Congress

In United States v. Carlineo, the Second Circuit (Parker, Lohier, Menashi) vacated a special condition of supervised release requiring the defendant to participate in a restorative justice program, concluding both that the...more

Cozen O'Connor

Notice of Appeal - Spring 2021

Cozen O'Connor on

Precedential Opinions of Note - Government Must Prove Falsity Under Any Objectively Reasonable Standard - United States v. Harra (January 12, 2021), No. 19-1105 http://www2.ca3.uscourts.gov/opinarch/191105p.pdf Unanimous...more

Cozen O'Connor

Bipartisan Group Of 35 Attorneys General Call On Congress To Pass NO HATE Act

Cozen O'Connor on

A bipartisan group of 35 AGs, led by District of Columbia AG Karl Racine and Kansas AG Derek Schmidt, sent a letter to congressional leaders urging Congress to pass the bipartisan National Opposition to Hate, Assaults, and...more

Cozen O'Connor

Notice of Appeal - Winter 2021

Cozen O'Connor on

Precedential Opinions of Note - False Claims Act’s First-to-File Bar Permits Amended Complaint Adding New Relator - In re Plavix Marketing, Sales Practices and Products Liability Litigation (No. II) (September 1, 2020), No....more

Patterson Belknap Webb & Tyler LLP

Second Circuit Affirms Sentencing Court’s Delegation of Verification Testing Decision to Probation

In United States v. Villafane-Lozada, No. 19-2098 (2d Cir. Sept. 3, 2020) (Livingston, Sullivan, Park), the Second Circuit rejected a defendant’s challenge to the district court’s delegation to probation the decision of which...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Sidesteps Supervised Release Challenges

In United States v. Birkedahl, 19-2304, the Second Circuit (Sullivan, Park, Nardini) rejected Defendant-Appellant Eric Birkedahl’s challenges to the conditions of his supervised release imposed subsequent to his conviction...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Employs “Mini-En Banc” to Relieve District Court of Requirement to Complete Non-Existent Form

In United States v. Karim Smith, the Second Circuit (Wesley, Chin, Sullivan) overturned its prior precedent and held that district courts need not complete a written ‘statement of reasons’ (“SOR”) form when sentencing a...more

Cozen O'Connor

Notice of Appeal - Spring 2019

Cozen O'Connor on

Precedential Opinions of Note - District Court Lacked Authority to Dismiss Indictment After Two Mistrials - United States v. Wright (January 17, 2019), No. 17-1972 Majority decision: Shwartz (writing) and McKee Dissent:...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Scrutinizes ‘Statement Against Interest’ Hearsay Exception for Codefendant’s Confession

In United States v. Ojudun, the Second Circuit (Katzmann, Kearse, Meyer by designation) vacated the revocation of Oluwole Ojudun’s supervised release, finding that the District Court improperly admitted the confession of...more

Patterson Belknap Webb & Tyler LLP

Circuit Reverses Internet Ban Condition of Supervised Release As Substantively Unreasonable And An Excessive Limitation on...

In United States v. Eaglin, the Second Circuit (Cabranes, Carney, and Vilardo, by designation) considered and rejected two conditions of supervised release: a complete ban on access to the Internet and a similarly broad ban...more

Patterson Belknap Webb & Tyler LLP

United States v. Mears: A Reminder About Supervised Release Conditions

In United States v. Mears, 18-460-cr, the Second Circuit (Sack, Livingston, Chin) issued a summary order that merits attention primarily because of the Court’s decision to remand for further proceedings based on the...more

Patterson Belknap Webb & Tyler LLP

Supervised Release Condition Struck Due To Improper Delegation

In a short summary order issued in United States v. Levy, the Second Circuit (Hall, Lynch, and Kuntz, D.J.) struck a condition of supervised release that delegated to the United States Probation Department the authority to...more

Patterson Belknap Webb & Tyler LLP

Second Circuit: In Truth, A Polygraph Test Supervised Release Condition Can’t Be Added After Sentencing

In United States v. Washington, the Second Circuit (Cabranes and Pooler Circuit Judges, and Oetken, J., by designation) examined a discrepancy between the terms of sentence that the District Court pronounced at the sentencing...more

Patterson Belknap Webb & Tyler LLP

Circuit Says “I’ll Drink To That,” Grants Defendant’s Appeal Challenging Alcohol-Ban Condition of Supervised Release

Update: The Second Circuit’s decision in United States v. Betts (No 17-231), which was initially released as a non-precedential summary order on February 5, 2018, was re-released as a published opinion on March 28, 2018. ...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Continues To Give A Close Look To Supervised Release Conditions

In a recent nonprecedential summary order, the Second Circuit (Winter, Lynch, Chin) vacated and remanded a sentence due to a condition of supervised release that prohibited the defendant from having unsupervised contact with...more

Patterson Belknap Webb & Tyler LLP

Violation of supervised release sentences must be reasonable

On February 9, 2018, the Second Circuit issued a summary order vacating a sentence imposed for a violation of supervised release. United States v. Kalaba, 17-328, involved a defendant who had been convicted for credit card...more

Patterson Belknap Webb & Tyler LLP

Circuit Says “I’ll Drink To That,” Grants Defendant’s Appeal Challenging Alcohol-Ban Condition of Supervised Release

In United States v. Betts (No. 17-231), the Court (Leval, Calabresi, Cabranes) vacated by summary order the imposition of a special condition of supervised release prohibiting the consumption of alcohol by a defendant whose...more

Patterson Belknap Webb & Tyler LLP

Court Finds Condition of Supervised Release Invalid

In United States v. Browder, the Second Circuit (Cabranes, Lohier, Forrest, sitting by designation) has vacated in part an order finding that the defendant violated two conditions of supervised release. The Court’s decision...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Holds That “Rule of Specialty” Objection Belongs to Nations, Not Defendants

Last week, in Barinas v. United States, the Second Circuit held that a defendant who is extradited to the United States to face charges, pursuant to agreement with the asylum nation, may not raise the objection that the...more

Patterson Belknap Webb & Tyler LLP

United States v. Burden

On June 19, 2017, the Second Circuit (Katzmann, Kearse, Livingston) issued a per curiam decision in United States v. Burden, et al., vacating the term of supervised release imposed on the defendants and remanding the case for...more

Patterson Belknap Webb & Tyler LLP

In Summary Order, Second Circuit Finds Plain Error in Miscalculation of Defendant’s Supervised Release Guidelines Range

In United States v. Shaday, 16-529, the Second Circuit (Jacobs, Livingston, and Kaplan (sitting by designation)) vacated and remanded the supervised release portion of defendant Yova Kana Shaday’s sentence after finding that...more

Patterson Belknap Webb & Tyler LLP

Court Vacates Term of Supervised Release

In a short summary order, the Court (Winter, Jacobs, Cabranes) vacated a term of supervised release because the district court had improperly calculated the advisory Guidelines range. Defendant Raddy Breton pleaded guilty to...more

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