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Appellate

The Importance of Challenging "Special Conditions" in Federal Criminal Sentences

By Michael Giordano

Federal sentencing conditions must be justified on the record and no more restrictive than reasonably necessary, making careful appellate review consequential.

Article summary

Sentencing after a plea or conviction gives the court an opportunity to consider the person behind the case. Defense counsel can prepare for that stage from the start of a representation, whether the matter may go to trial or resolve by plea.

The length of imprisonment is only one part of a sentence. Restitution and post-release supervision can also affect a person’s life. Supervision conditions may require testing, permit home searches, or restrict contact with other people. Those limits can continue to matter after release from prison.

A court imposing a special condition should explain its individualized basis on the record and ensure the restriction is no broader than needed to serve the statutory purposes of sentencing. The Second Circuit has discussed that standard in United States v. Myers, 426 F.3d 117, 124 (2d Cir. 2005) (opens in a new tab), and emphasized individualized explanations in United States v. Betts, 886 F.3d 198, 202 (2d Cir. 2018) (opens in a new tab).

In the appeal discussed in the original article, the Second Circuit sent the case back because the sentencing court had not sufficiently explained burdensome conditions, including treatment and community service requirements. The remand called for an individualized assessment of each condition. The court also cited United States v. Bleau, 930 F.3d 35, 43 (2d Cir. 2019) (opens in a new tab) among the authorities on special conditions.

The article’s practical point is that counsel should review proposed supervision terms, raise supported objections at sentencing, and preserve issues for appeal. A careful record can help a reviewing court assess whether each restriction has a reasoned basis and fits the individual case.

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