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Sentencing — supervised release

By: WISCONSIN LAW JOURNAL STAFF//October 18, 2012//

Sentencing — supervised release

By: WISCONSIN LAW JOURNAL STAFF//October 18, 2012//

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — supervised release

Lifetime supervised release must be vacated where the district judge did not discuss either the length of supervision or the terms that the defendant would be required to follow while under supervision.

“The prosecutor has confessed error, and we agree with the prosecutor’s conclusion that a district judge must explain important decisions such as the one at issue here. On remand the judge should consider not only how Quinn’s arguments about recidivism affect the appropriate length of supervised release, but also the interaction between the length and the terms of supervised release. The more onerous the terms, the shorter the period should be. One term of Quinn’s supervised release prevents contact with most minors without advance approval. Quinn has a young child, whom he has never been accused of abusing. Putting the parent-child relationship under governmental supervision for long periods (under this judgment, until the son turns 18) requires strong justification.”

Vacated and Remanded.

12-2260 U.S. v. Quinn

Appeal from the United States District Court for the Western District of Wisconsin, Conley, J., Easterbrook, J.

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