No. 23-5773

Adrian De La Torre v. United States

Lower Court: Fifth Circuit
Docketed: 2023-10-12
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: constitutional-authority delegation-of-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines supervised-release
Latest Conference: 2023-11-09
Question Presented (from Petition)

When a district court imposes a term of supervised release as part of a sentence, 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 person 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

2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-18
Waiver of right of respondent United States to respond filed.
2023-10-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2023)

Attorneys

Adrian De La Torre
Bradford Wayne BoganFederal Public Defender, Western District of Texas, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent