Serving Chicago For 18 Years

U.S. Court of Appeals Agrees That Special Conditions of Defendant's Supervisory Release Were Improper

For Immediate Release: September 25, 2017

Contact: Craig M. Sandberg, 312.263.7249, craig@muslin-sandberg.com

Chicago, IL – A panel of judges in the U.S. Court of Appeals for the Seventh Circuit agreed with Craig M. Sandberg that two of the special conditions of supervisory release were improper. The Court found that a portion of one of the conditions constituted "an impermissible delegation of the district court's Article III authority" and struck that portion of the condition. As to the other condition, the case was remanded to the district court so that conditions of supervisor release are sufficiently specific to place the defendant on notice of what is expected.

This matter was decided by the Court  more than a year after oral arguments. Those arguments took place on September 19, 2016. One of the members of that panel was Circuit Judge Posner, who retired on September 2, 2017. Circuit Judge Posner did not participate in the decision of this case, which was resolved by a quorum of the panel under 28 U.S.C. § 46(d).

WHAT: United States v. Wagner, No. 15-3265 (7th Cir. 2017)

WHO: The law firm of Muslin & Sandberg represented the plaintiff on appeal in the Appellate Court of Illinois, First District.

WHERE: United States Court of Appeals for the Seventh Circuit, Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Room 2721, Chicago, Illinois

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