Fifth Circuit Reverses Supervised Release Condition Prohibiting Defendant from Residing with Anyone Who Is Not A Blood Relative or Who He Is Not Married To
On June 16, 2008, the U.S. Court of Appeals for the Fifth Circuit reversed a supervised release condition prohibiting a defendant from living with anyone he was not married to or was not a blood relative.
Alex Ramirez Tarres was convicted of aiding and abetting possession with intent to distribute heroin and participating in a drug conspiracy, the court sentenced Tarres to 210 months imprisonment and imposed a condition of supervised release that “the defendant shall not reside with anyone who is not blood relative, or that the defendant is not legally married to whether it be civil or religious ceremony during the term of supervision.” Tarres appealed his conviction and sentence.
The Fifth Circuit affirmed Tarres’ conviction and sentence, but struck the questionable residency restriction, “We find the instant restriction is overbroad and not reasonably related to Tarres’ offence, “the court held, See: US v. Tarres, No. 07-50286 (5th Cir. 2008).
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Related legal case
US v. Tarres
| Year | 2008 |
|---|---|
| Cite | No. 07-50286 (5th Cir. 2008) |
| Level | Court of Appeals |
| Conclusion | Bench Verdict |
| Injunction Status | N/A |