United States v. Neal
2011 U.S. App. LEXIS 23677
| 7th Cir. | 2011Background
- Neal was sentenced on June 11, 2001 to 137 months' imprisonment, $1,250 fine, and 3 years of supervised release for conspiracy to possess crack cocaine with intent to distribute, including drug testing and treatment conditions.
- Upon release from imprisonment, Neal began supervised release on December 7, 2010.
- USPO petitioned on January 4, 2011 to modify Neal's supervision to add mental health treatment, not mentioning any drug-testing modification.
- On February 11, 2011, the district court held a modification hearing and added mental health treatment and expanded drug testing to not exceed 52 tests per year.
- Neal argued the district court lacked jurisdiction to modify the drug-testing provision and that the modification sought to fix an allegedly illegal original condition.
- Neal appealed the modification order, and the Seventh Circuit affirmed, upholding district court discretion under 18 U.S.C. § 3583(e)(2) and related standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to modify drug testing under § 3583(e)(2) | Neal contends the district court lacked jurisdiction to fix an allegedly illegal original condition. | The government contends the court has wide discretion to modify conditions under § 3583(e)(2). | District court had jurisdiction to modify the drug-testing condition. |
| Proper consideration of § 3583(e) factors on modification | Neal argues the court did not articulate or properly apply the required factors. | Court properly considered the relevant factors and acted within discretion. | Modification was within the court's discretion under § 3583(e). |
| Whether modification was solely to correct an illegal condition | Neal asserts the modification was to cure an illegality rather than address ongoing needs. | Modification served ongoing supervision needs and deterrence, not merely corrective purposes. | Modification supported by record and not solely a correction of an illegality. |
Key Cases Cited
- United States v. Monteiro, 270 F.3d 465 (7th Cir.2001) (establishes breadth of § 3583(e) modification authority)
- United States v. Sines, 303 F.3d 793 (7th Cir.2002) (limits and guides discretion in modifying supervised release)
- United States v. Schave, 186 F.3d 839 (7th Cir.1999) (factoring guidelines for supervised release modifications)
- United States v. Bonanno, 146 F.3d 502 (7th Cir.1998) (drug-testing determination must be set by the court)