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Second Circuit – Supervised release: United States of America v. Sims
Daily Record Staff//March 26, 2024//
Second Circuit – Supervised release: United States of America v. Sims
Daily Record Staff//March 26, 2024//
Listen to this articleUnited States Court of Appeals for the Second Circuit
Supervised release
Special conditions
United States of America v. Sims
21-3015
Judges Calabresi, Perez, and Nathan
Background: The defendant pleaded guilty to possessing a firearm after a felony conviction. He appeals the conditions of his supervised release which prohibited him from associating with any member, associate, or prospect of a specific criminal organization or any other criminal gang, club, or organization.
Ruling: The Second Circuit vacated and remanded. The court held that neither the district court’s comments during the sentencing hearing nor the record show that it fulfilled the requirements necessary to impose the special condition of supervised release at issue.
James P. Egan, assistant Federal Public Defender, for the defendant-appellant; Emmet O’Hanlon, assistant United States attorney, for the appellee.
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