Case Summaries

Reasonably Relate:

Prendergast. Defendant was charged with selling promissory notes. Prendergast appealed not only his sentencing but also the special conditions of supervised release. The special conditions of supervised release prohibited him from purchasing, possessing, using, distributing or administering alcohol, narcotic or other controlled substance. Additionally, he is required to submit to drug testing as asked by his probation officer, and is subject to search and seizure of his premises or vehicle without a warrant. Prendergast contended that the conditions did not reasonably relate to the crimes he is guilty of. The court agreed and stated that the district court abused its discretion where there was no evidence that defendant indicating that Prendergast suffers from alcoholism or that the use of alcohol in any way contributed to the commission of the offense for which he was sentenced. The court also found that the lower court failed to make any specific findings that alcohol was a contributing cause of his crime or that defendant otherwise is in need of any substance abuse rehabilitation. The court granted the appeal since there was no relationship between the offense and the supervised provision.

Brogdon. Defendant was convicted of being a felon in possession of a firearm. In addition to his sentencing the court imposed several sex-offense-related conditions. Defendant appeals the sentence and sex-offense-related conditions of supervised release imposed by the district court. Borgdon contends that the district court failed to state its reasons for imposing special conditions and that they are not reasonably related to the “history or characteristics of the defendant.” Based off of his numerous criminal convictions the court noted that the condition was supported and denied his objection. The court cited U.S. v. Carter, and stated that although the court could look at the entire record before determining whether the condition was reasonably...