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United States v. Shaun Rosiere
711 F. App'x 76
| 3rd Cir. | 2017
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Background

  • Shaun Rosiere pleaded guilty to two counts of conspiracy to commit mail and wire fraud and was sentenced to 73 months imprisonment plus three years supervised release and $1,260,000 restitution.
  • After release (Nov. 2015) and while serving supervised release in Nevada, Rosiere filed three motions seeking: (1) placement in a 120-day federal residential reentry facility in lieu of most of his remaining supervised release, (2) permission for unrestricted travel to California to visit family, and (3) a reduction in the frequency of random drug testing.
  • The District Court solicited the Probation Office’s response; the Probation Office reported multiple instances of Rosiere’s noncompliance (late or incomplete financial disclosures, failure to seek employment, incomplete travel request information, lack of restitution payments).
  • The District Court denied all three motions under 18 U.S.C. § 3583(e), concluding Rosiere had not shown modification would be "in the interest of justice," and found no authority for trading supervised release for residential confinement; travel requests were discretionary; and drug testing conditions were not onerous.
  • Rosiere appealed and submitted a reply alleging factual errors in the Probation Office’s report and disputing procedural opportunity to respond; the Third Circuit summarily affirmed, finding no substantial question and that the District Court’s denial was reasonable.

Issues

Issue Rosiere's Argument Probation/District Court's Argument Held
Whether supervised release may be modified to allow placement in a reentry facility for 120 days instead of remaining supervised release Requested transfer to a reentry center and early release after 120 days to avoid remaining 2.5 years of supervision No authority permits trading supervised release for a shorter term of residential confinement; § 3583(e) requires showing it is in the interest of justice Denied — court found no basis to modify; motion not in interest of justice
Whether Rosiere should be permitted unrestricted travel to California Seeks permission to travel anytime to assist family; claims Probation delayed/blocked travel and misreported facts Travel is discretionary; Rosiere failed to provide required information and verification; he may resubmit if he complies Denied — District Court reasonably declined; resubmission permitted upon compliance
Whether to reduce frequency of random drug testing by Probation Argues testing is over-burdensome and should be reduced Testing requirement is not onerous or over-burdensome Denied — drug-testing condition reasonable

Key Cases Cited

  • United States v. Wilson, 707 F.3d 412 (3d Cir. 2013) (modification of supervised release is reviewed for reasonableness)
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Case Details

Case Name: United States v. Shaun Rosiere
Court Name: Court of Appeals for the Third Circuit
Date Published: Oct 13, 2017
Citation: 711 F. App'x 76
Docket Number: 17-2003
Court Abbreviation: 3rd Cir.