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Eighth Circuit Vacates Supervised Release Conditions Prohibiting Alcohol Consumption and Setting Curfew Not Contained in Plea Agreement
Loaded on May 15, 2019
by Matthew Clarke
published in Criminal Legal News
June, 2019, page 25
Filed under:
Release and Reentry,
Post-release, ex-offender, re-entry,
Restrictions, discrimination.
Location:
United States of America.
by Matt Clarke
The U.S. Court of Appeals for the Eighth Circuit reversed and vacated a federal prisoner’s special conditions of supervised release prohibiting the consumption of alcohol and setting a curfew.
Under a binding plea agreement, David Bell pleaded guilty to conspiracy to distribute marijuana and …
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More from this issue:
- News in Brief
- Using Technology to Erase Old Pot Convictions is the Buzz in Los Angeles, by Douglas Ankney
- Criticizing Cops is a Criminal Act in Many States, by Edward Lyon
- Illinois Data Collection Law Set to Expire; Collected Data Reveal Police Target Black and Latino Drivers, by Douglas Ankney
- The Many Pitfalls Associated With Police Lineups, by Edward Lyon
- Tennessee Legislature’s Investigation Finds Inadequate Supervision of Private Probation, by Derek Gilna
- If You’re Unlucky or Black, Your Prison Sentence Could Be 63 Percent Longer, by Douglas Ankney
- Prosecutors Regret Man’s Wrongful Conviction in 1983 Florida Rape and Murder
- New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail, by David Reutter
- Ninth Circuit: Habeas Petitioner Need Only Show That IAC Claims Are Substantial to Excuse Procedural Default Under Martinez, by Chad Marks
- Pennsylvania Governor Signs Into Law New Bills to Help Convicts, Extends Postconviction Filing Time Limits
- Don’t Shoot the Dogs: The Growing Epidemic of Cops Shooting Family Dogs, by John W. Whitehead
- Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed, by Dale Chappell
- Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates, by Mark Wilson
- McDNA: The DNA Testing Equivalent to Fast Food, by Edward Lyon
- Kansas Supreme Court Overturns Sentence for Vindictiveness, by Anthony Accurso
- Eighth Circuit: Misprision of Felony Conviction of Participant in Underlying Felony Violates Fifth Amendment, by Douglas Ankney
- DEA Used Decades of Warrantless Phone Data in Building Parallel Construction Cases, by Steve Horn
- Sixth Circuit Holds IAC When Counsel Fails to Warn of Possibility of Deportation as Result of Plea Bargain, by Dale Chappell
- Oregon Supreme Court: State Prohibited From Introducing Breath Test Refusal as Evidence of DUI, by Mark Wilson
- Intoxicated Driving Convictions for Non-Drinking Drivers, by Edward Lyon
- Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective, by Edward Lyon
- Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard, by Chad Marks
- Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing, by Dale Chappell
- NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements, by Douglas Ankney
- First Circuit Vacates Revocation Sentence for Improperly Considering Rehabilitation, by Anthony Accurso
- Eighth Circuit Vacates Supervised Release Conditions Prohibiting Alcohol Consumption and Setting Curfew Not Contained in Plea Agreement, by Matthew Clarke
- Knowing Sexual Offense Facts Important; Paying Attention to Them Critical, by Sandy Rozek
- Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause, by Douglas Ankney
- Pennsylvania District Court Explores the Growing Conflict Between Federal Laws, Which Still Prohibit the Use of Any Amounts of Marijuana, and State Laws, Which Increasingly Authorize the Use of Medical Marijuana and Decriminalize the Use of Small Amounts, by Punch & Jurists
- When Prosecuting Crimes by Police, Feds Appear to Move Slowly, by Edward Lyon
- Unreasonable Delay in Obtaining Search Warrant after Lawful Seizure Requires Suppression of Evidence, Announces Georgia Supreme Court, by Douglas Ankney
- Fourth Circuit: 9-Year Increase in Guidelines Range Due to Misclassification as Career Offender Warrants § 2241 Petition to Be Heard on Merits When § 2255 Relief Unavailable, by David Reutter
- Georgia Supreme Court Says Visually Impaired Defendant Entitled to Appointment of a Reader, by Douglas Ankney
- The Holloway Doctrine and First Step Act: Federal Judge Issues Order Urging Government to Dismiss One of Two 18 U.S.C. §924(c) Stacking Convictions, by Chad Marks
- Portion of Illinois Sex Offender Law is Unconstitutional, by Douglas Ankney
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- First Circuit: FBI’s Ruse Claiming National Emergency to Obtain Consent to Search Held Unlawful, by Douglas Ankney
- Illinois Supreme Court: Warrantless Dog Sniff of Apartment Front Door in Locked Building Violates Fourth Amendment, by David Reutter
- Fourth Circuit Rules District Court Must Provide Individualized Rationale When Denying Motion for Sentence Reduction, by Douglas Ankney
- Suspected Mishandling of DNA Tests Puts Cases on Hold in Fort Worth, Texas, by Michael Berk
- Misconduct by prosecutors is rampant — how do we deter it?, by Mike Fawer
- Nebraska’s Beatrice Six Will Collect $28.1 Million Jury Award, by Edward Lyon
- Connecticut Supreme Court Rejects Davis and Announces State Constitution Requires Police to Clarify Ambiguous Request for Counsel Before Continuing Interrogation, by Douglas Ankney
- Habeas Hints: Discovery on Habeas Corpus, by Kent Russell, Tara Hoveland
- Flipping the Bird, Even Toward a Cop, Is a Constitutionally Protected Right, by Douglas Ankney
- Prosecutors Dropping Child Porn Charges After Software Tools Are Questioned, by Jack Gillum
More from Matthew Clarke:
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026
- Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, Oct. 1, 2026
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
More from these topics:
- Report Finds State Prison Systems Fail to Provide Adequate Assistance to Obtain Release Documentation, Oct. 1, 2026. Rehabilitation/Recidivism, Release and Reentry, jobs.
- Law Restoring Voting Rights to Some People with Felonies Takes Effect in Missouri, Oct. 1, 2026. State Legislation, Restrictions, discrimination, Voting Rights, Felon Disenfranchisement Statute.
- Severely Ill Prisoners in Hawai‘i Denied Early Release Due to State Policy, Sept. 1, 2026. Cost of Prison Systems, housing, Restrictions, discrimination, Compassionate Release.
- SCOTUS Continues to Hack Away At First Step Act, July 1, 2026. Conditions of Confinement, PLRA, Post-release, ex-offender, re-entry, Sentences - Corrections or Modifications of, Compassionate Release.
- California Gave Every Student in Prison a Laptop. How Community Colleges Are Using Them, July 1, 2026. Education, Computers, Rehabilitation/Recidivism, Post-release, ex-offender, re-entry, Access to Computers.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Nevada Non-Profit Founder Under Investigation for Misconduct, May 1, 2026. Staff-Prisoner Assault, Staff-Prisoner Harassment, Contractor Misconduct, Complaints, Restrictions, discrimination.
- Guaranteed Income Helps People Leaving Jail and Prison, and That Helps Everyone, May 1, 2026. Crime/Demographics, Prisoner Privileges, housing, jobs, Restrictions, discrimination, Probation, Parole & Supervised Release, Fines.
- New Jersey Governor’s Order Allows People with Prior Felony Convictions to Serve on Jury Duty, March 1, 2026. Racial Discrimination, State Legislation, Restrictions, discrimination, Jury Selection.
- Maine Was the First State to Abolish Parole. Incarcerated Mainers, Advocates Hope to Bring it Back., March 1, 2026. Rehabilitation/Recidivism, Parole, Post-release, ex-offender, re-entry, Probation, Parole & Supervised Release, De Facto Life Sentence.





