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: Defense Newsletter BlogJohnson: State Probation does not Suspend Federal Supervised Release
By Tim Cone
Full post as published by Defense Newsletter Blog on September 03, 2009 (boomark / email).
Drug Treatment as a Condition of Supervised Release
United States v. Jose A. Tejeda, No. 06-1492 (February 7, 2007): The judge required as a condition of supervised release that Mr. Tejeda participate in a drug program at the direction of the probation officer...
CA1: home confinement as a condition of supervised release
US v. Marcano, No. 07-1050 holds on plain error review that supervised release can include ?home confinement? where the period of supervised release was less than the statutory maximum term of imprisonment of two years.
SDNY Judge Suppresses Evidence Seized Under Order Obtained by Probation Officer Without Finding of Probable Cause
Can a probation officer seek a warrant to search the home and locker of a supervisee who is not subject to warrantless searches under the terms of his supervised release? Alternatively, may a probation officer seek an order under the....
Government Estimates Costs of Incarceration vs. Supervised Release at about 7:1
Here, from the U.S. Courts website, is some food for thought for bail or probation in close cases: In fiscal year 2007, it cost $24,922 to keep someone incarcerated in a Federal Bureau of Prisons facility for 12 months, and...
CA1: supervised release revocation doesnt get Booker or Blakely protection
US v. Eirby, No. 07-1062. As usual, Selya uses big words when sending someone to a hole. This is a supervised-release revocation case based on a guilty plea in state court. The judge ?imposing an additional thirty-three months of immurement...
Maximum Supervised Release Terms In 21 U.S.C. § 841 Trump Lower Maximums in 18 U.S.C. § 3583 When New Sentence Is Imposed on Revocation of Release
United States v. Jackson, No. 07-51229 (5th Cir. Feb. 12, 2009) (Garwood, Garza, Owen)Title 21 U.S.C. § 841(b)(1) requires minimum terms of supervised release, but establishes no maximum term...
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