On Tuesday, the Supreme Court heard oral arguments in United States v Haymond. As we have mentioned several times the background of Haymond’s case, we won’t go into full detail. However, because of a previous sex offense, Haymond was violated under 18 USC 3583(k) which provides for a mandatory minimum five year violation because he had additional CP on his phone and possibly up to life.Continue reading “Supreme Court Claims Certain Violations May Be Unconstitutional”
There have been several high profile, compelling cases in recent days.
The first, going up for oral argument now, is United States v Haymond. Haymond, on supervised release for a porn offense was violated for having more child porn in his internet cache. Because the evidence was insufficient to convict him, it was treated as a violation instead and he was sentenced to five years. Without the commission of another porn offense, it would’ve been a maximum of two years. Now, the court is hearing oral arguments that this scheme denies a releasee due process and violates Booker.Continue reading “Is Supervised Release Running on Fumes?”
Later this month, the Supreme Court is set to hear arguments in United States v Haymond, a case that tests the legality of increased mandatory minimums and maximums for sex offenders who are accused of committing another sex offense while on release. Haymond had the misfortune to get malware on his smartphone, which gave him all sorts of nasty little goodies, including child pornography. As the evidence was pretty conclusive that he did not deliberately download these files, the Government tried to convict him through the back door of revoking his supervised release.Continue reading “The Import of Haymond”