Hilarity in a Federal Probation Revocation Hearing

“After violating the terms of his supervised release, Appellant was sentenced to prison and an additional period of supervised release, including special conditions. The Fifth Circuit found that the district court abused its discretion by imposing the special condition without demonstrating that the condition was reasonably related to statutory factors.”

The above quote comes from a federal probation revocation hearing, published online over at the Federal Criminal Appeals Blog, and is part of a larger (sometimes humorous) story of a man named Sammy Salazar (US v. Salazar, 5th Cir 2014). Mr. Salazar was serving a 10-year suspended sentence for third degree sexual abuse when he failed to register as a sex offender and earned himself a new felony.

Time served, plus fifteen (15) years of supervised release with a bunch of special conditions on his supervision. He appealed those special conditions and got a bunch removed.1

Later, Mr. Salazar assaulted somebody in his family2 and got his supervision revoked: prison for 12 months and 14 years of supervision.  Again along with a bunch of special conditions of supervision.

Defense attorney objected, and led to the funniest written exchange between judge and lawyer I’ve seen in a long time:

Judge : Counsel, I’m aware that this is what went up on appeal because they weren’t written at the time of the sentence. This is not the original sentence. This is a new sentence on revocation. I am adding these conditions. I may do so under the terms of the supervised release and a revocation. So these are additional conditions that I am imposing on the revocation.

Saad: Then Your Honor, we would object and make a new objection that they’re overly burdensome and …

Jude: Overruled, counselor.

Saad: …and…

Judge: Overruled.

Saad: Thank you, Your Honor.

Judge: Overruled.

The defense attorney pissed the judge off to the point where defense’s GRATITUDE was overruled. Well done counselor.

  1. Removal of these special conditions wasn’t because Salazar didn’t need them, or deserve them, it was simply because the judge ordered only a few of these special conditions out loud in court. The rest of the conditions were snuck in outside of oral orders and were thrown out by the Appeals Court. []
  2. without a doubt, Mr. Salazar isn’t a man I want to get to know. Most times, important decisions are made and important precedents are set because of very unlikeable characters such as Salazar []

Shadow Sentencing: The Imposition of Supervised Release

A paper posted to SSRN back a few weeks ago takes a close look at the imposition and issues surrounding federal supervised release. Nearly all visitors to PCR Consultants are supervised by the United States Probation Office (USPO) and want to know more. Want to find relief. We offer services that help former offenders get early release from supervision, but our goal is also to create some community.

After completing post incarceration supervision, there isn’t much a former offender hasn’t experienced with the criminal justice system. The entire paper is worth a read, but below is how it gets started:

More than 95 percent of people sentenced to a term of imprisonment in the federal system are also sentenced to a term of supervised release. Since it was first established in the late 1980s, nearly one million people have been sentenced to federal supervised release. The human and fiscal costs of this widespread imposition are significant. Supervised release substantially restricts an individual’s liberty and people on supervised release receive diminished legal and constitutional protections. The fiscal costs of supervised release are also high, particularly when almost one third of people on supervised release will have their supervision revoked and will return to prison.

Despite the importance of supervised release, little is known about how and why sentencing judges impose supervised release and what purpose it is supposed to serve in the federal criminal justice system. In most cases, supervised release is not mandatory and yet judges consistently fail to exercise their discretion in this area and impose supervised release in virtually all cases. Based on an empirical study of sentencing decisions in the Eastern District of New York, this article uncovers previously unidentified features of supervised release. It finds that judges widely impose supervised release without any apparent consideration of the purpose served by the sentence. This article argues that supervised release is over-used and proposes a new framework for its imposition to ensure that courts only impose supervised release on people who need it.

You can download and read the entire 51 page piece by clicking this link.

Read more about supervision on this site by visiting our page dedicated to federal supervision.

A Good Week For Federal Probation Termination

The Feeling of Freedom after federal probation termination

Here at PCR Consultants we periodically like to share our success stories with readers and future clients. Since the launch of our Federal Supervision Release services, we have seen a large increase in the number of visitors seeking federal probation termination (that’s the official term for early release from federal probation) and a lot of their successes are coming in.

In the week of March 11-17th, 2013 two such success stories came to us back-to-back. Their release dates are over three weeks apart, but we heard the news last week. With the permission of the clients, we’ve published one testimonial and both of their release orders below. (Names and case numbers are redacted per client request).

Successes

These are just the first few:

Our first client was one of the first to sign up and use our online document services to prepare his Motion to Terminate Supervised Release. His motion was filed on 12/3/12, termination order was issued on 1/18/13. That is 46 days from filing to early termination of federal supervised release.

For those that keep track, he served just over 23 out of 48 months on supervision. Its great news when we see clients release before even serving half their term! Take a look at his release order.

Our second client success story of the week petitioned outside of her supervisory district because court oversight was never transferred to where she lived and was supervised. She served 41 months out of 48, and was released on 2/13/13 (docketed filing date not specified on record). Take a look at her release order.

She even supplied a testimonial, which she has allowed us to publish as well:

“My name is [withheld] & I am writing to say thanks for your assistance on my Motion for Early Termination of Supervised Release. I talked to & worked a lot with Eric prior to obtaining PCR’s assistance as well as after hiring the company. I am pleased to inform you that the motion for Early Termination of Supervised Release was granted and I am no longer under supervision or in care of the federal government or a probation officer. Originally, I had wanted to file in Colorado Springs rather than the state I was convicted in (NE) & for good reasons but unbelievably NE granted the termination & I have the papers to prove it, lol. Thank You (everyone involved) for all your help! I will be letting others know and referring your business to those who, like myself, are just a waste of time and taxpayers money. Sincerely,
[withheld]”

Thank you for those kind words!

What Happens After Federal Prison

Pre-Release

After federal prison, an inmate is either sent to a federal half-way house, or placed directly on Supervised Release (Federal Probation is reserved for those who never received a prison sentence). An inmate, while in the halfway house, is still under the custody of the federal Bureau of Prisons and can therefore be subject to release or relief in the same way they were while incarcerated (see Incarceration). Anything from home-confinement to early release is possible from a half-way house. PCR Consultants can help.

Post-Release, and Supervised Release

After full release from the BOP into the hands of the local United States Probation Office, a former federal inmate has years of probation((called Supervised Release)) to deal with. Supervised release comes with a host of general and specific rules that must be followed, or the supervisee faces more prison time. However, PCR Consultants can help you here too. From changing the terms of your release to better suit you to ending probation altogether, you can affect your own future and we can show you how.

Whether you need to modify (change or eliminate) a term of Supervised Release from your J & C Order, or motion to be released from Supervision altogether, PCR Consultants can put the right law and paperwork in your hands for a FRACTION of the cost of an attorney.

When on federal probation or supervised release (after federal prison time is served), the specific rules applied to each individual are unique. Most of the time these rules are lengthy and confusing so violations can occur accidentally by the probationer. Learn how to live on probation, how to be successful on probation, and how to structure actions to obtain your release sooner from supervision.

Get started today and be on your way to early termination in minutes!

Learn About Us

For ways to contact us, visit our contact us page for contact form and e-mail addresses.

Learn about us and how our services work on our about page.

Clear Views on Supervised Release from the Seventh Circuit

Terms and Length of Supervision

It can be difficult to find discussions at the appellate level of district court obligations when deciding how to impose length and conditions of supervised release. It can be harder still to force a discussion at all from a district court at sentencing to understand the thought process behind these decisions.

On October 18, 2012 the Seventh Circuit published this short opinion in the case of US v. Quinn No. 12-2260 (7th Cir. Oct. 18, 2012). Its short length is reprinted in its entirety below.

Quinn asked the judge to choose a ten-year term of supervised release. He submitted a forensic psychologist’s evaluation, which concluded that he has a lower than- normal risk of recidivism. He also submitted the testimony that two psychologists (Michael Seto and Richard Wollert) recently had presented to the Sentencing Commission regarding the recidivism rate for persons convicted of child-pornography offenses…. [But] the district judge did not discuss either the length of supervision or the terms that Quinn would be required to follow while under supervision.

The prosecutor has confessed error, and we agree with the prosecutor’s conclusion that a district judge must explain important decisions such as the one at issue here. On remand the judge should consider not only how Quinn’s arguments about recidivism affect the appropriate length of supervised release, but also the interaction between the length and the terms of supervised release. The more onerous the terms, the shorter the period should be. One term of Quinn’s supervised release prevents contact with most minors without advance approval. Quinn has a young child, whom he has never been accused of abusing. Putting the parent-child relationship under governmental supervision for long periods (under this judgment, until the son turns 18) requires strong justification.

Our research has turned up only a few decisions that discuss the relation between the terms and length of supervised release. The third circuit has observed that the more onerous the term, the greater the justification required — and that a term can become onerous because of its duration as well as its content…. Rules that allow public officials to regulate family life likewise call for special justification, and lifetime regulatory power is hard to support when the defendant has not been convicted of crimes against his family or other relatives. Other terms of Quinn’s supervised release also may require strong justification when extended for a lifetime.

Although district judges can reduce the length of supervised release, or modify its terms, at any time, 18 U.S.C. §3583(e) — an opportunity that may lead a judge to think that uncertainties at the time of sentencing should be resolved in favor of a long (but reducible) period — still this is a subject that requires an explicit decision by the judge after considering the defendant’s arguments. The judge also should consider the possibility of setting sunset dates for some of the more onerous terms, so that Quinn can regain more control of his own activities without needing a public official’s advance approval, while enough supervision remains to allow intervention should Quinn relapse.

Take Aways

Most notably in this decision, at least in this bloggers opinion, is the call1 for “sunset dates” on the more onerous terms of supervised release. Naturally, the longer a released inmate spends on supervision without incident, the less restrictive and intrusive the terms of release should be (considering the goal of supervision is re-integration back into the community.

Applause goes to the 7th Circuit for hitting this issue head-on and laying out very simple-to-understand guidance for district courts regarding the imposition of federal supervised release or probation.

Ending Supervised Release Early

Of course, there is no need to ever complete a full term of supervision, as seen in the last paragraph of the opinion above. Trouble is, though most people on federal supervision know that ending supervised release early can be done, most don’t know how and won’t pay a lawyer a ton of money to get it done. The cost can outweigh the benefit.

Fortunately, PCR Consultants (that’s us) have been helping people for the last 3 years accomplish this task on their own, at the fraction of the cost of an attorney doing it for you. All that is necessary is to represent yourself on paper and file a request like this to the supervising court.

Learn more by reading our e-book. Start the process of ending your supervision now by contacting us by e-mail or phone (or our contact submission form) today.

  1. Written by Chief Judge Esterbrook for the 7th Circuit Court of Appeals []

Federal Supervised Release Conditions – Restrictions on Court Discretion

Federal Supervised Release Conditions

Federal supervision is oftentimes misunderstood. What conditions can a court impose and what conditions are too much? This post is intended to clear the fog a bit using a case from Kentucky. This interesting case was decided by the Sixth Circuit Court of Appeals earlier this year. In part, the appeals court threw out a lifetime ban on smart phones.

No iPhone for life? Not unless you have a really good reason!

When it comes to federal supervised release and probation, District Courts have broad discretion in the limitations they can place on defendants.

However, this discretion is not unlimited and sentencing judges must have a valid explanation for why each limitation is imposed. Legally speaking, conditions of supervised release are reviewed by appellate panels for abuse of discretion.1 A sentencing court’s discretion is limited by three standards. Each special condition must:

  1. “[be] reasonably related to the sentencing factors set forth in 18 U.S.C. §3553(a)”;
  2. “involves no greater deprivation of liberty than is reasonably necessary for the purposed set forth in § 3553(a)”; and
  3. “is consistent with any pertinent policy statements issued by the Sentencing Commission.”2

The 6th Circuit Sets Limits on District Courts

In United States v. Inman, the Sixth Circuit held that, even though Inman was a really bad guy, the district court judge went too far with special conditions and imposing a lifetime term of supervision. In plain English, each condition was a lifetime ban on something.

The district court judge set a number of conditions that no one asked for, or talked about at Mr. Inman’s sentencing hearing: he had to submit to mandatory drug testing; to notify the probation office if he is prescribed any medicine; to provide the probation office with all of his financial information; and he can never drink alcohol again, possess or use a device capable of creating pictures or video, or rent a storage facility or post office box.

On review, the appellate court reviewed for plain error. It had to determine if: the district court adequately stated in open court at the time of sentencing its rationale for mandating special conditions of supervised release and whether each condition of supervised release was reasonably related to the dual goals of probation, the rehabilitation of the defendant and the protection of the public.

The Kicker

Next comes the big test. Special supervised release conditions must:

“[I]nvolve[] no greater deprivation of liberty than is reasonably necessary to serve the goals of deterrence, protecting the public, and rehabilitating the defendant”3

What This All Means

In basic terms, these limitations mean that a district court judge cannot just impose whatever they please at a sentencing hearing in terms of special supervised release conditions. For a financial crime, requiring the defendant to turn over monthly financials may be imposed legally. However, imposing an alcohol ban on a defendant with no history of substance abuse usually cannot.

If you’d like PCR Consultants to take a look at your terms of supervision and help get rid of supervised release conditions that don’t meet these standards, please give us a call for a free consultation.

Let Us Help You!

Call us at (480) 382-9287 for a free consultation to find out how we can help.

For more ways to contact us, visit our contact us page for contact form and e-mail addresses.

Learn about us and how our services work on our about page.

  1. United States v. Heidebur, 417 F.3d 1002, 1007 (8th Cir. 2005) []
  2. United States v. Mark, 425 F.3d 505, 507 (8th Cir. 2005), citing 18 U.S.C. §3583; United States v. Boston, 494 F.3d 660, 667 (8th Cir. 2007). []
  3. 18 U.S.C. §3583(d)(1)-(2); United States v. Brogdon, 503 F.3d 555, 563 (6th Cir. 2007). Although this is a 6th Circuit case, most circuits have precedent that mirrors this standard. []

Supervised Release Termination Testimonials

Client Satisfaction at its Best

Supervised release termination, or early termination of federal probation, as a major part of what we do here at PCR Consultants. It is important for present and future clients to hear from the ones that came before them. Here is what one client had to say:

“I am extremely happy to tell you that the court has granted [my] motion for termination of supervised release!!! I can’t tell you how happy and grateful I am to you and your team! You did a brilliant job and I am happy to refer you to anyone I know that might need your services.”
– Ben

Ben’s supervised release termination ended 18-months before its natural expiration. His last name and case number have been withheld per his request.

Handling Supervised Release Termination

There is a big landscape of federal law and court decisions that guide judges when making decisions on whether or not to grant a defendant’s request to gain early release from federal supervision. Policy set forth by the US Sentencing Commission adds flavor to Title 18 of the United States Code, which tells judges what they must consider when a request like this comes to their desk.

Then there are studies, papers, data, and re-offense concerns that factor in. Using all these factors, plus a few items from our proprietary “Trick Bag”, PCR Consultants enjoys a very high success rate with clients seeking early termination of their supervised release or probation.

Our Services Work!

Follow the links below for judicial orders in favor of some our successful supervised release termination clients.

Supervision terminated within a week of request! (May 2014)

Supervised Release ended before two full years were served.

Supervised Release cut immediately.

Supervised Release ended over two years early, before half of the term was served!
(Client names redacted to protect privacy)