Pleas & Sentencing – Conditions of Supervised Release

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7^th Circuit Court of Appeals

Case Name: United States of America v. Matthew Poulin

Case No.:14-2458

Officials: POSNER, FLAUM, and WILLIAMS, Circuit Judges.

Practice Area: Pleas & Sentencing – Conditions of Supervised Release

Conditions of supervised release without reason call for resentencing.

“Nevertheless, this condition is problematic for the same reason we observed in Kappes: The meaning of “other family responsibilities” is not apparent. 782 F.3d at 852. We must conclude that the district court procedurally erred in imposing this condition. On remand, the district court should make explicit the extent to which this condition requires financial, as opposed to other forms, of support and take into account Poulin’s ability to pay. See id. (“The meaning of the phrase, ‘other family responsibilities,’ is not apparent … . To the extent the condition requires only financial support, the condition should make that explicit and should include a limitation which takes into account the defendant’s ability to pay.”).”

Vacated and Remanded ( as to conditions of supervised release)

Affirmed otherwise.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.