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Litigation

: How Appealing

"You got it wrong," the Seventh Circuit tells the First, Fifth, Sixth, Eighth, Ninth, Tenth, and Eleventh Circuits:

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"You got it wrong," the Seventh Circuit tells the First, Fifth, Sixth, Eighth, Ninth, Tenth, and Eleventh Circuits: Today the U.S. Court of Appeals for the Seventh Circuit refuses to become the eighth circuit to hold that a federal district court may sentence someone to serve time in a "residential reentry center" as a discretionary condition of his supervised release in disregard of the plain language of 18 U.S.C. sec. 3583(d), which, at the relevant time, specifically omitted this condition from a list of permissible discretionary conditions.

Because the federal government is on the losing side of today's ruling, this case appears to be quite cert.-worthy should U.S. Supreme Court review be sought.

Full post as published by How Appealing on January 15, 2009 (boomark / email).

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