Supreme Court Limits Factors Courts May Consider When Revoking Supervised Release

Contact Your Elected Officials

The high court ruled in favor of alleged supervised release violators after a federal appeals court ruled against them.

On June 20, the Supreme Court voted 7โ€“2 to limit the factors that judges are allowed to consider when revoking supervised release.

The court majority, which ruled in favor of alleged supervised release violators, said in the complex ruling that judges must base such decisions on reasons specifically spelled out in a federal supervised release law, as opposed to a federal sentencing law.

Two justices dissented from the majority opinion in Esteras v. United States written by Justice Amy Coney Barrett. Another two justices concurred with the majority opinion only in part.

Supervised release is a form of post-prison monitoring, similar to parole. A prisoner is released from custody, but remains under restricted freedom for a set period. During that time, the person must follow specific conditions and be supervised by a probation officer. If those conditions are violated, the individual may be sent back to prison.

The federal sentencing statute includes Section 3553(a)(2)(A) of Title 18 of the U.S. Code. The federal supervised release statute includes Section 3583(e) of Title 18.

The case concerns whether courts considering revoking supervised release should be allowed to take into account sentencing factors, such as retribution, that are not enumerated in the supervised release law.

Five federal courts of appeals had previously held that federal district courts are allowed to look at the so-called retribution factors identified in the sentencing statute, but four courts of appeals ruled they may not.

The retribution factors in the sentencing law include the need for a sentence to reflect the seriousness of the crime, promote respect for the law, and render just punishment for the crime.

During the oral argument on Feb. 25, Christian Grostic, the attorney for the lead petitioner, Edgardo Esteras, said judges should not be permitted to take into account the seriousness of the initial conviction when deciding how to punish an individual who violates supervised release rules.

By Matthew Vadum

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Woke Verses Folk Marketing Mayhem

For purposes of this article woke is about 10% of our population while folk is defined as the remaining 90% of our population.ย 

Late nightโ€™s Javan Rhino ย 

Once upon a time in America, late-night television talk shows were nightly viewing for many following their local news.

MyPillowโ€™s CEO Mike Lindell Wins 2 Court Cases

A federal court tossed the $5M ruling against Mike Lindell, saying arbitrators rewrote the rules of his 2021 Cyber Symposium challenge.

Whatโ€™s The Most Realistic Scenario In Which The West Might Replace Zelensky?

Yermak and Budanov agreed with the Anglo-American Axisโ€™ proposal to replace Zelensky with Zaluzhny and โ€œresetโ€ Ukraineโ€™s ties with the West.

Earned vs. Owed

Not since the Donner Party has a group of people so badly misinterpreted the circumstances of their situation like the players of the WNBA.

Cincinnati Mayor Aftab Pureval and Other City Leaders Say Street Brawl Videos Portray City Unfairly

Cincinnati officials said videos showing attacks on two people during a street brawl portrayed city in cynical and unfair manner.

What to Know About Trumpโ€™s Ongoing Federal Funding Dispute With Universities

Reforming higher education was a campaign promise made by President Donald Trump, and it remains among his highest priorities.

Most Americans Wonโ€™t Get COVID-19 Booster This Fall, Survey Says

A majority of Americans said they will likely not receive a COVID-19 booster vaccine this fall, according to a poll released Friday.

Appeals Court Allows Trump to End Union Bargaining for Some Federal Workers

Federal appeals court paused lower court injunction blocking Trump admin from ending union bargaining rights for federal workers at 21 agencies.

RFK Jr. Announces Repeal of Policy That Rewarded Hospitals for Reporting Staff Vaccination Rates

Health and Human Services Sec Robert F. Kennedy Jr. announced more repeals of federal policy that rewarded hospitals for reporting staff vaccination rates.

Trump Orders Firing of Labor Statistics Chief After July Jobs Report

President Donald Trump announced on Aug. 1 that he has directed the termination of the commissioner of the Bureau of Labor Statistics (BLS).

Trump Issues 60-Day Deadline for Drug Makers to Lower Prices

Trump told CEOs of worldโ€™s leading pharmaceutical companies that he expects them to implement Most Favored Nation drug pricing within 60 days.

Trump Hikes Tariffs on Canada to 35 Percent

Trump followed through on his threat to raise tariffs on Canada from 25% to 35% saying country โ€œfailedโ€ to stop flow of fentanyl and other drugs into US.
spot_img

Related Articles