No. 24-6674

Kevin Millette v. United States

Lower Court: First Circuit
Docketed: 2025-02-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction compassionate-release criminal-procedure federal-sentencing habeas-corpus sentencing-modification
Latest Conference: 2025-04-17
Question Presented (from Petition)

Whether a sentencing judge may impose a condition of supervised release that substantially restricts a defendant's access to his own children without finding that the defendant poses a risk of harm to his children.

Whether a district court may impose a condition of supervision that severely limits a defendant's access to his children in circumstances where the district court expressly finds it does not know whether the restriction is "doing more harm than good."

Whether a sentencing judge may impose a condition of supervised release that requires a defendant found guilty of possessing child pornography not involving his children to obtain a probation officer's prior approval for any contact or association with his own children without first finding that the defendant poses a risk of harm to his children, especially where the defendant has never directly abused any child nor injured his own children nor engaged in any criminal or other harmful conduct with any of them.

Question Presented (AI Summary)

Whether a federal district court's compassionate release order can be appealed after the defendant has been released from custody

Docket Entries

2025-04-21
Petition DENIED.
2025-03-27
DISTRIBUTED for Conference of 4/17/2025.
2025-03-20
Waiver of right of respondent United States to respond filed.
2025-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 31, 2025)

Attorneys

Kevin Millette
Edward S MacCollThompson, MacColl & Bass, LLC P.A., Petitioner
United States
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent