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Criminal Law

: Sentencing Law and Policy

Fifth Circuit rejects supervised release residency condition

By Douglas A. Berman

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I am noticing more and more cases in which federal circuit courts are rejecting certain conditions of supervised release imposed by district courts.  I am wondering if this trend reflects district courts imposing more broad SR restrictions or circuit courts scrutinizing these restrictions more carefully.  Whatever explains the up-tick in these kinds of cases, a new Fifth Circuit decision in US v. Woods, No. 07-51491 (5th Cir. Oct. 28, 2008) (available here), reflects the trend  Here is the start of the Woods decision: Defendant-appellant Briane Nicole Woods appeals the district court?s imposition of a discretionary condition of supervised release forbidding her from residing with any person to whom she is not ceremonially married or related by blood...continue to full post

Full post as published by Sentencing Law and Policy on October 29, 2008 (boomark / email).

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