Ninth Circuit: Early Termination of Federal Supervised Release Does Not Require Showing of Undue Hardship
Ninth Circuit: Early Termination of Federal Supervised Release Does Not Require Showing of Undue Hardship
The United States Court of Appeals for the Ninth Circuit has reversed a District Court ruling denying a defendant’s request for early termination of his supervised release. The 2-1 decision dated April 17, 2014 granted Dennis Emmett's one-page petition and released him from further supervised probation.
Emmett, who was convicted of mail fraud in 2008, was sentenced to 51 months in prison and a three-year term of supervised release. Two years into his supervised release, Emmett applied for early termination of probation pursuant to 18 U.S.C. Sect. 3583(e). Emmett argued that continuing his probation was a "waste of resources" because he was a non-violent offender and had a clean probation record.
The District Court, however, in a two sentence order written by Judge Dean D. Pregerson, denied Emmett’s application because Emmett did not show that continued supervision imposed "undue hardship" on him.
Arguing that the District Court applied the wrong legal standard and failed to provide a sufficient explanation for its decision, Emmett appealed. The Ninth Circuit agreed, holding that whether or not continued supervision imposed an undue hardship on Emmett was the incorrect standard to apply. Holding that the District Court "completely disregarded the statute," the Ninth Circuit further ruled that Judge Pregerson "did not articulate any discernable legal standard, nor did he cite any authority."
Finally, the Ninth Circuit found that the District Court "had a duty," but failed, to explain its reasons for rejecting Emmett's request for early termination of supervised release. Noting that such explanations "promote the perception of fair sentencing" and allow circuit courts to conduct meaningful appellate review of sentencing decisions, the court reversed the denial of Emmett's petition because the District Court failed on both accounts.
On remand, the Ninth Circuit directed the District Court to provide an explanation of its decision "that would permit meaningful appellate review and justify the court's conclusion in light of the parties' non frivolous argument and the legal standard."
See: United States v. Emmett, 749 F.3d 817 (9th Cir., 2014).
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Related legal case
United States v. Emmett
| Year | 2014 |
|---|---|
| Cite | 749 F.3d 817 (9th Cir., 2014) |
| Level | Court of Appeals |
| Conclusion | Bench Verdict |
| Appeals Court Edition | F.3d |