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Denial of Allocution Right on Supervised Release Resentencing Requires Remand
Loaded on Feb. 15, 2009
published in Prison Legal News
February, 2009, page 41
Denial of Allocution Right on Supervised Release Resentencing Requires Remand
The Seventh Circuit Court of Appeals has reversed a federal prisoner’s sentence because an Illinois federal district court denied his right to allocution upon revocation of his supervised release and imposition of a new sentence.
Bernard J. O’Hallaren III …
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More from this issue:
- Corruption in Orange County, CA Sheriff’s Department Revealed; Sheriff Resigns, Convicted on Criminal Charges, by Marvin Mentor
- Second Chance Act Signed Into Law, But Not Yet Funded, by Brandon Sample
- From the Editor, by Paul Wright
- Private Prison Companies Not Forthcoming About Immigration Detainee Deaths
- BOP Suspends Use of Ion Spectrometry Drug Detection Devices, by Brandon Sample
- Officials Agree To Cap Population at D.C. Jail, by Michael Rigby
- Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000
- Jose Medellin Executed; Vienna Convention Controversy Lives On, by Matthew Clarke
- Changes in Texas Parole Laws Violate Ex Post Facto Clause, by Matthew Clarke
- Department of Justice Report on Prison Rape Elimination Act, by Matthew Clarke
- Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury
- Report Criticizes Conditions in U.S. Immigrant Detention Center in Tacoma, Washington, by David Reutter
- Notwithstanding Federal Healthcare Receiver, California Prisoners Can Still Use State Habeas Corpus to Redress Medical Complaints
- Washington DOC Restarts Private Industry Prison Jobs Following State Constitutional Amendment, by John Dannenberg
- Ohio Settles Actual Innocence Claim For $1,500,000
- Alaskan Prisoner in Arizona Can Enforce CCA Contract
- Supreme Court of Canada: No Wage Loss Compensation While in Prison Caused by Sexual Assault by Staff
- GAO Report Critical of BOP’s Methodology for Comparing Costs Between BOP and Private Facilities, by Brandon Sample
- $400,000 Award in Failure to Protect Connecticut Suicidal Prisoner
- BOP Agrees to Provide Wine to Prisoner for Religious Rituals, by Brandon Sample
- Nominal Damages for Atlanta Georgia Jail’s Ban on Magazines, Books and Newspapers
- Utah Sex Offender Internet Registry Statute Violates First Amendment, by Mark Wilson
- Texas Awards Prison Phone Contract, by Matthew Clarke
- Jury Awards Almost $900,000 to Dallas County Jail Stroke Victim, by Gary Hunter
- Alameda County, CA Settles Jail Suicide Suit for $800,000
- Former California Prison Doctor Admits Negligence, Gets Probation; CDCR Medical Care Issues Still Unresolved, by John Dannenberg
- No Private Cause of Action for Businesses Complaining that Competitor Unfairly Used Prison Labor, by John Dannenberg
- More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case
- Writ Writer: One Man's Journey for Justice, by David Preston
- Ex-Mayor Returned to Prison After Misleading BOP to Enter Drug Program, by Brandon Sample
- Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations
- Prisoner Litigation Swamps California Eastern District Court; Ninth Circuit Recruits Other Judges to Help, by John Dannenberg
- Kitsap County, Washington Jail Settles Public Records Act Suit for $125,000
- Los Angeles Sheriff Department Report: Prisoner Lawsuits Slowed, But Payouts Grew, by John Dannenberg
- Corpus Christi Pays $50,000 to Settle Jail Prisoner’s Excessive Force Claim
- Washington State Deputy Sheriff Not Entitled to Quasi-Judicial Immunity
- TDCJ Employee Wins $1,505,000 for Texas Prison System’s Failure to Accommodate
- Wisconsin Claims Board Awards Almost $110,000 for Wrongful Rape Conviction, Attorney Fees
- Behavior Modification Training to Become Part of Washington State DOC
- Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois
- Oregon Parolee Negligent Supervision Case Reinstated
- $4.5 Million Settlement in New Jersey Jail Strip Search Lawsuit
- Denial of Allocution Right on Supervised Release Resentencing Requires Remand
- Transgender Idaho Prisoner Receives Hormone Therapy Pending Trial
- Governments, Not Prisoners, Must Pay Cost of Transporting Prisoner Witnesses
- Ohio DNA Specimen Law Ruled Not Retroactive
- Unemployment Compensation Denied to Guard Who Failed to Stop Prisoner Assault
- PLRA Requires Grievance Exhaustion for ADA/RA Claims
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- California Sex Offender’s Probation Travel Restrictions Abated, by John Dannenberg
- Washington Classification Reassessment Requires Notice and Hearing
- Arbitrator Awards Hawaii Prisoner $7,500 for Injuries Sustained While Working in Kitchen
- Kentucky Jails’ Seizure of Funds for Booking, Room and Board Fees Upheld
- Pennsylvania Prisoner Appointed Counsel on Retaliation / MRSA Infection Claims
- Retroactive Residency Restrictions for Missouri Sex Offenders Unconstitutional, by Matthew Clarke
- Washington Prisoner Suit for “Prevailing Wages” from Private Employer Fails, by John Dannenberg
- News in Brief:
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- No Prison Guinea Pigs: President Obama Should Act Now To Ensure Prisoners Aren’t Used For Medical Research, by Allen M. Hornblum
- Deceased New York Prisoner Wins Barber/Cosmetology Licensing For Ex-Cons
- $1.5 Million Settlement in Alabama Probation Officer's Sex Scandal
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- California Spends $300 Million Each Year Incarcerating Senior Citizens in Women’s Prisons, April 1, 2026. Retaliation for Filing Grievances, Totality of Conditions, Parole, Life without Parole (LWOP), Americans with Disabilities Act.
- SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, April 1, 2026. Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release.
- Colorado Law Intended to Reduce Prison Population Hasn’t Improved Conditions, March 1, 2026. Overcrowding, Parole, halfway houses, Reduction of Prison Population.
- Maine Was the First State to Abolish Parole. Incarcerated Mainers, Advocates Hope to Bring it Back., March 1, 2026. Rehabilitation/Recidivism, Parole, Post-release, ex-offender, re-entry, Probation, Parole & Supervised Release, De Facto Life Sentence.
- One in 10 Prison Admissions Is Now for Technical Parole Violation, March 1, 2026. Parole Conditions, State Legislation, Restrictions, discrimination, Revocation Proceedings.
- Colorado Lawmakers Approve Prison Bed Funding, Despite DOC Understaffing, March 1, 2026. Overcrowding, Staffing, Parole, Overdetention, Reduction of Prison Population.
- North Carolina Parole Commission Agrees to Stop “Moving Goalposts” for Prisoners Who Committed Crime as Juveniles, Feb. 1, 2026. Parole Board Misconduct, Rehabilitation/Recidivism, Parole, Juvenile Offenses/Offenders, Cruel and Unusual Punishment.
- Study Finds Parole Hearings and Grants Continue to Fall, Jan. 1, 2026. Parole Board Misconduct, Statistics/Trends, Rehabilitation/Recidivism, Parole, Probation, Parole & Supervised Release.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
- Ex-Wife of Minnesota DOC Commissioner Sentenced for Poisoning Attempt on Son, Dec. 1, 2025. Out of State Transfers, Sentencing, Conspiracies, Attempts, Solicitations, Confessions and Statements of Defendant, Plea Agreements/Guilty Pleas.

