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Sentencing; Modification


It was not an abuse of discretion for a court to modify a defendant’s conditions of supervised release to include more drug testing.

“In this case, the district court determined that additional drug testing was reasonably necessary to protect the public from further criminal activity and deter Neal from further criminal conduct. The district judge properly considered Neal’s history and character, noting that he smoked marijuana on a daily basis in the past, had used illegal substances in 1999 and 2000 before he was arrested, and had used cocaine prior to his incarceration. Although the court did not articulate each of the factors it was considering when it changed the conditions of Neal’s supervised release, the court was within its discretion to modify his supervision to include additional drug testing.”


11-1338 U.S. v. Neal

Appeal from the United States District Court for the Southern District of Illinois, Gilbert, J., Bauer, J.

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