October 11th, 2019

United States v. Dean

Docket: 18-50509
Opinion Date: October 10, 2019
Judge: Edith H. Jones
Areas of Law: Criminal Law

The Fifth Circuit affirmed a special search condition of supervised release, holding that the record supported the condition and there was no clear error adversely impacting defendant's substantial rights. In this case, not only did the district court expressly adopt the findings of the presentence report (PSR), which included defendant's extensive criminal history, but the condition was a mechanism for enforcing other conditions prohibiting defendant's possession of drugs or firearms by facilitating the detection of evidence of other supervised release violations. Furthermore, the reasonableness of the conditions was evident from the very background of defendant's appeal, which stemmed from a crime he committed while on parole.

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