No. 22-7526

Charles Edward Krupalla v. United States

Lower Court: Fifth Circuit
Docketed: 2023-05-11
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: constitutional-authority delegation-of-authority due-process federal-sentencing-guidelines judicial-delegation probation-officer sentencing-commission separation-of-powers supervised-release
Latest Conference: 2023-06-08
Question Presented (from Petition)

The United States Sentencing Commission recommends imposing a long list of "standard" conditions of supervised release. Standard Condition 12 reads:

If the probation officer determines that the defendant poses a risk to another person (including an organization), the probation officer may require the defendant to notify the person about the risk and the defendant shall comply with that instruction. The probation officer may contact the per-son and confirm that the defendant has notified the person about the risk.

U.S.S.G. §5D1.3(c)(12) , p.s. The question presented is:

Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?

Question Presented (AI Summary)

Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-17
Waiver of right of respondent United States of America to respond filed.
2023-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2023)

Attorneys

Charles Edward Krupalla
Bradford Wayne BoganFederal Public Defender, Western District of Texas, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent