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Ninth Circuit upholds barring from San Francisco as a supervised release condition

By Douglas A. Berman

A Ninth Circuit panel today has an interesting ruling upholding an unusual condition of supervised release in US v. Watson, No. 08-10385 (9th Cir. Sept. 24, 2009) (available here). Here is how it starts: Deandre Watson, who pled guilty to carjacking pursuant to a plea agreement containing a waiver of the right to appeal, challenges a condition of his supervised release barring him from entering San Francisco without the prior approval of his probation officer. He argues that the district court did not provide the necessary notice before issuing this condition and that the condition itself violates his ?constitutional rights to travel and move, to freedom of association, to intimate association with his family and related rights.? A waiver of the right to appeal does not bar a defendant from challenging an illegal sentence...continue to full post

Full post as published by Sentencing Law and Policy on September 23, 2009 (boomark / email).