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October 29, 2008

Fifth Circuit rejects supervised release residency condition

I am noticing more and more cases in which federal circuit courts are rejecting certain conditions of supervised release imposed by district courts.  I am wondering if this trend reflects district courts imposing more broad SR restrictions or circuit courts scrutinizing these restrictions more carefully.  Whatever explains the up-tick in these kinds of cases, a new Fifth Circuit decision in US v. Woods, No. 07-51491 (5th Cir. Oct. 28, 2008) (available here), reflects the trend  Here is the start of the Woods decision:

Defendant-appellant Briane Nicole Woods appeals the district court’s imposition of a discretionary condition of supervised release forbidding her from residing with any person to whom she is not ceremonially married or related by blood.  We conclude that the condition is overbroad and involves a greater deprivation of liberty than is reasonably necessary to achieve the purposes of supervised release.  Thus, the district court abused its discretion by imposing a supervised release condition that fails to meet a requirement set forth in 18 U.S.C. § 3583(d).  We vacate the condition of supervised release, affirm the remainder of the sentence, and remand.

October 29, 2008 at 07:57 AM | Permalink

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Comments

I am actually ON Supervised Release and I noticed your blog. I am in the process of getting them to violate me so that I can do a rejection of contract on the court date and possibly nullify my papers. Just to hold them off until I can get it all discharged.

Posted by: Kenneth Tolbert | Dec 20, 2008 10:03:17 AM

i am currently on supervised release and i am just trying to move from one state to another which is my home state where i was born and raised and am having a very hard time.

Posted by: aaron | Jan 6, 2009 1:34:26 PM

How can a person on supervised release request to be released from the program? Can the court impose supervised release for a longer term than your original sentence? Trying to find information on this subject is like looking for a needle in a haystack. If person has job, never gets into any trouble and fell under the old crack guidelines which since been over turned, how can that person still be held responsible for this unfair 5 year term? Someone point me in the direction to take care of this matter.


Posted by: Yolanda | Sep 20, 2009 11:25:36 AM

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