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Tenth Circuit rejects challenge to polygraph testing as part of supervised release

By Douglas A. Berman

The Tenth Circuit has a notable little decision about supervised release in US v. Begay, No. 10-2068 (10th Cir. Feb. 7, 2011) (available here), which starts this way: Defendant/Appellant Toby Begay, a convicted sex offender, appeals the district court?s modification of the conditions of his supervised release to include clinical polygraph testing. Title 18 U.S.C. § 3583(e)(2) sets forth the conditions and procedures under which a district court may modify conditions of supervised release.  Begay argues that a district court does not have authority to modify conditions of supervised release pursuant to 18 U.S.C. § 3583(e)(2) unless the government can justify the modification by showing that circumstances have changed since the original sentencing...continue to full post

Full post as published by Sentencing Law and Policy on February 07, 2011 (boomark / email).