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Sentencing — supervised release — drug treatment

By: WISCONSIN LAW JOURNAL STAFF//October 28, 2014//

Sentencing — supervised release — drug treatment

By: WISCONSIN LAW JOURNAL STAFF//October 28, 2014//

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U.S. Court of Appeals for the 7th Circuit

Criminal

Sentencing — supervised release — drug treatment

Where the defendant is indigent, it was error for the district court to order him to pay for his own drug treatment as a condition of supervised release.

“Yet, despite Hinds’s indigence, the district court imposed the payment condition—a condition, we note, that can be imposed and reimposed up to eight times per month. And unlike in Bull, 214 F.3d at 1279, the district court here did not make this payment condition contingent on Hinds’s ability to pay. Absent this contingency, the district court’s payment condition is not only unsupported, but also inconsistent with its previous findings regarding Hinds’s indigence.”

Affirmed in part, and Vacated in part.

13-3543 U.S. v. Hinds

Appeal from the United States District Court for the Southern District of Indiana, Pratt, J., Kanne, J.

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