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Criminal Law

: Sentencing Law and Policy

Are quirky supervised release conditions getting out of hand?

By Douglas A. Berman

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A little unpublished per curiam opinion from the Eighth Circuit today in US v. Lacey, No. 07-2436 (8th Cir. July 8, 2009) (available here), prompts the question in the title of this post. In Lacey, the defendant "pleaded guilty to possession of child pornography ... and the district court sentenced him within the unobjected-to Guidelines range to 115 months in prison and 15 years of supervised release." As the brief opinion reveals, this sentence included a "special supervised-release condition banning [Lacey] from gambling or entering any casino upon being released." The opinion does not explain how or why this quirky condition was added to the defendant's term of supervised release. The Laceyopinion merely states that though "this condition may have been overbroad or unrelated to Lacey?s circumstances, we find its imposition did not amount to plain error requiring reversal...continue to full post

Full post as published by Sentencing Law and Policy on July 08, 2009 (boomark / email).

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