Supreme Court Claims Certain Violations May Be Unconstitutional

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.

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Is Supervised Release Running on Fumes?

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.

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