Due Process Violation.


Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: United States of America v. Frankie Brown, et al.

Case No.: 18-2644; 18-2760

Officials: EASTERBROOK, KANNE, and SCUDDER, Circuit Judges.

Focus: Due Process Violation

Frankie Brown pled guilty to distributing a controlled substance. Marcus Thornton pled guilty to bank robbery and an associated firearms charge. The same district court separately imposed terms of supervised release on both defendants, in addition to imprisonment. The court set several conditions of supervised release, including both mandatory and discretionary conditions. But it also imposed a set of "administrative conditions," which the probation office deemed "applicable whenever supervision is imposed, regardless of the substantive conditions that may also be imposed." Both defendants now contend that the imposition of administrative conditions violated their due process rights under the Fifth Amendment.


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