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July 1, 2009

Eleventh Circuit addresses notice requirement for special release conditions

Sentencing proceduralists should be interested in the new opinion from the Eleventh Circuit in US v. Moran, No. 08-16987 (11th Cir. July 1, 2009) (available here).  Here is how the opinion starts:

This appeal presents an issue of first impression: whether a defendant is entitled to notice before a district court may impose special conditions of supervised release to address a defendant’s proclivity to sexual misconduct when the crime of conviction did not involve sexual activity.  Virgil Lee Moran, a convicted sex offender, was convicted of being a felon in possession of a firearm after officers discovered him living with his girlfriend and her minor daughter in violation of his terms of supervised release for an earlier conviction.  Soon after officers discovered Moran in that residence, state officials charged him with failing to register as a sex offender.  Moran argues that he was entitled to notice before the district court imposed special conditions of supervised release related to potential sexual misconduct.  Moran also argues that there is no reasonable relationship between those special conditions and his conviction for being a felon in possession of a firearm. 18 U.S.C. §§ 922(g)(1), 924(e).  In the light of the decision of the Supreme Court in Irizarry v. United States, 128 S. Ct. 2198 (2008), we conclude that no notice was necessary.  We also conclude that the district court did not abuse its discretion in imposing the special conditions on Moran’s supervised release.  We affirm.

July 1, 2009 at 05:30 PM | Permalink

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