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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. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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