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Sentencing – Supervised Release

By: Derek Hawkins//December 12, 2016//

Sentencing – Supervised Release

By: Derek Hawkins//December 12, 2016//

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7th Circuit Court of Appeals

Case Name: United States of America v. Derek Ortiz

Case No.: 16-2373

Officials: POSNER, KANNE, and ROVNER, Circuit Judges.

Focus: Sentencing – Supervised Release

The appellant, Derek Ortiz, had been sentenced to prison for 135 months for three bank robberies. His appeals did not challenge his prison sentence, but only the conditions of supervised release imposed by the district judge. We twice reversed the judge’s supervised-released rulings and remanded for full resentencing. On the second remand the judge reimposed the 135-month prison sentence but altered the conditions of supervised release. Ortiz has again appealed, challenging four of the altered conditions: the condition permitting a probation office to visit the defendant “at any reasonable time” at home or “any reasonable location” specified by the probation officer; the condition requiring Ortiz to report “any significant change” in his economic circumstances; the condition requiring him to report to the probation officer “in the manner and frequency” directed by the officer; and the condition requiring him to participate in a substance abuse, an alcohol treatment, and a mental health treatment program approved by the probation officer and to “abide by the rules and regulations of [each] program.”

Affirmed

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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.

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