Please ensure Javascript is enabled for purposes of website accessibility

Due Process Violation

By: Derek Hawkins//September 3, 2019//

Due Process Violation

By: Derek Hawkins//September 3, 2019//

Listen to this article

7th Circuit Court of Appeals

Case Name: United States of America v. Frankie Brown, et al.

Case No.: 18-2644; 18-2760

Officials: EASTERBROOK, KANNE, and SCUDDER, Circuit Judges.

Focus: Due Process Violation

Frankie Brown pled guilty to distributing a controlled substance. Marcus Thornton pled guilty to bank robbery and an associated firearms charge. The same district court separately imposed terms of supervised release on both defendants, in addition to imprisonment. The court set several conditions of supervised release, including both mandatory and discretionary conditions. But it also imposed a set of “administrative conditions,” which the probation office deemed “applicable whenever supervision is imposed, regardless of the substantive conditions that may also be imposed.” Both defendants now contend that the imposition of administrative conditions violated their due process rights under the Fifth Amendment.

We consolidate the two appeals because of the overlapping legal question. But neither defendant objected to the conditions in the district court, and so both waived the issue altogether. The defendants’ other challenges also fail. We therefore affirm the sentences.

Affirmed

Full Text


Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests