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Criminal Law

: Defense Newsletter Blog

Moran: No Notice Required Pre-Sentencing for Supervised Release Conditions

By Tim Cone

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In U.S. v. Moran, No. 08-16987 (July 1, 2009), the Court found no error in the sentencing court?s imposition, without prior notice in advance of sentencing, of special conditions of supervised release to address a defendant?s proclivity to sexual misconduct.The Court reasoned that supervised release, by its nature "comes with conditions." Based on his criminal history, which involved allegations of sexual misconduct, Moran knew that this would come up at this sentencing ? and he did not request a continuance.The Court also upheld the conditions imposed. The requirement to participate in a mental health program for sex offenders was justified by Moran?s documented history of sex-related offenses. Such a condition could be imposed even though it was unrelated to Moran?s firearm possession conviction...continue to full post

Full post as published by Defense Newsletter Blog on July 02, 2009 (boomark / email).

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