Waiver

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7^TH Circuit Court of Appeals

Case Name: United States of America v. Adam Brent Hill

Case No.: 15-3090

Officials: WOOD, Chief Judge, and POSNER and ROVNER, Circuit Judges

Focus: Waiver

Defendant not given opportunity to properly waive objections at sentencing

“So, to conclude, if the limited remand that we’re ordering results in a determination that the defendant knowingly waived all challenges to the conditions of supervised release, we will grant the Anders motion and that will be the end of the case. If instead the determination is that he did not knowingly waive all challenges to the conditions, the case will again come before us and he will need to decide (and through his counsel advise us of the decision) whether or not to challenge the conditions, since a successful challenge, followed by a remand for resentencing, will leave the judge free to impose a longer, as well as in the alternative a shorter, prison sentence. For now, however, we need only remand the case for a determination of whether the defendant knowingly waived all objections to the conditions of supervised release imposed by the district court. The defendant’s lawyer shall continue to represent the defendant on remand, and is ordered to file a status report with this court within 14 days of the district court’s ruling on remand.”

Remanded with Directions

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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.