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Eleventh Circuit addresses notice requirement for special release conditions

By Douglas A. Berman

Sentencing proceduralists should be interested in the new opinion from the Eleventh Circuit in US v. Moran, No. 08-16987 (11th Cir. July 1, 2009) (available here).  Here is how the opinion starts: This appeal presents an issue of first impression: whether a defendant is entitled to notice before a district court may impose special conditions of supervised release to address a defendant?s proclivity to sexual misconduct when the crime of conviction did not involve sexual activity.  Virgil Lee Moran, a convicted sex offender, was convicted of being a felon in possession of a firearm after officers discovered him living with his girlfriend and her minor daughter in violation of his terms of supervised release for an earlier conviction.  Soon after officers discovered Moran in that residence, state officials charged him with failing to register as a sex offender...continue to full post

Full post as published by Sentencing Law and Policy on July 01, 2009 (boomark / email).