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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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