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Judges vacate 2 conditions of supervised release

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Because two special conditions imposed on a man convicted of attempted extortion do not bear a reasonably direct relationship to his underlying crimes, the 7th Circuit Court of Appeals vacated those conditions.

Walbert Keith Farmer attempted to extort money from Walter Allen, an employee at Horseshoe Casino in Elizabeth. Farmer learned that Allen had used a company credit card without authorization and threatened Allen over the phone to tell the casino about his actions unless Allen paid him off.

The police busted up Farmer’s scheme, and he pleaded guilty to two counts for attempting to extort Allen and using interstate communications in the execution of his plot. The presentence report prepared did not disclose to the parties any information about the conditions of supervised release that the probation service intended to recommend to the District Court.

Judge Tanya Walton Pratt imposed those special conditions, which included that Farmer submit to the search of his person, vehicle, office, residence and property at the request of his probation officer, even without a warrant or reasonable suspicion; and a ban on self-employment.

In United States of America v. Walbert Keith Farmer, 13-3373, the 7th Circuit judges noted their concern that the parties weren’t privy to the conditions of the supervised release suggested by the probation officer prior to the hearing. The sentencing recommendation, which contained some of the conditions, was designated as confidential under a local rule. By keeping this information confidential, it does not allow a defendant to properly challenge the recommendation at the sentencing hearing.

“We recommend that sentencing judges follow the best practices outlined in Siegel when imposing conditions of supervised release, particularly the suggestion that judges “[r]equire the probation service to communicate its recommendations for conditions of supervised release to defense counsel at least two weeks before the sentencing hearing,” Judge John Tinder wrote.

The judges were “at a loss” as to how the broad search and seizure authority is connected to Farmer’s current offense or criminal history. And they found that the judge’s explanation for imposing the ban on self-employment did not provide the necessary nexus between Farmer’s underlying crime of attempted extortion and the self-employment ban.

They vacated these two conditions of supervised release and remanded for further proceedings.

 

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  1. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  2. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  3. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  4. I totally agree with John Smith.

  5. An idea that would harm the public good which is protected by licensing. Might as well abolish doctor and health care professions licensing too. Ridiculous. Unrealistic. Would open the floodgates of mischief and abuse. Even veteranarians are licensed. How has deregulation served the public good in banking, for example? Enough ideology already!

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