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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. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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