8 results for 'cat:"Drug Offender" AND cat:"Parole"'.
J. Bianco finds that the district court improperly set a special parole condition following defendant's conviction on his guilty plea to possessing cocaine with intent to distribute and possessing a firearm in furtherance of drug trafficking. While a defendant can be subjected to random searches by probation officers, the need for such a condition must be sufficiently explained. On remand, rationale for the condition is needed, along with assurances that its imposition involved no greater deprivation of liberty than necessary. Vacated.
Court: 2nd Circuit, Judge: Bianco, Filed On: March 15, 2024, Case #: 21-2954, Categories: drug Offender, parole
J. Niemeyer finds the lower court properly sentenced the defendant for violating the conditions of his supervised release. The defendant was arrested and convicted under state law on three counts of manufacturing or distributing illegal drugs and sentenced to 13 years imprisonment for those offenses during his supervised release for a previous drug trafficking conviction. Despite the judge referencing some prohibited factors during sentencing, the sentence itself is not unreasonable. Affirmed.
Court: 4th Circuit, Judge: Niemeyer , Filed On: January 8, 2024, Case #: 22-4291, Categories: drug Offender, parole, Sentencing
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J. Gustafson finds that the trial court should have suppressed methamphetamine and cash found during a warrantless search of defendant's vehicle. When police officers made a traffic stop of defendant, his parole officer instructed them to arrest him and his passenger and search their vehicle for investigative purposes. The underlying traffic violation was insufficient to provide the probable cause required for the warrantless arrest of a parolee. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: August 15, 2023, Case #: DA 21-0579, Categories: drug Offender, parole, Search
J. Walker finds that the district court properly resentenced defendant after he violated terms of his supervised release by being arrested for possessing marijuana. Although defendant argued the possession count was not statutorily a state "crime" but merely a "violation," it remained a crime under federal law. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: August 8, 2023, Case #: 22-1080-cr, Categories: drug Offender, parole