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February 7, 2011

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

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.  He also argues that clinical polygraph testing is not a valid special condition of supervised release in his case.  Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

February 7, 2011 at 04:51 PM | Permalink

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Comments

should have told them to go "fxxk" themselves i'll see you once my prison term is finished. Since unless they have a legitimate new reason for this it's illegal....i don't care what the nazi courts are saying NOW!

Posted by: rodsmith | Feb 8, 2011 5:31:18 PM

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