Author Archive | Sarah Baumgartel

Monday, August 19th, 2019

Second Circuit Vacates Excessive Community Service Condition

Today in United States v. Parkins, No. 18-1019 (2d Cir. Aug. 19, 2019), the Second Circuit—for the second time—reversed a district court’s imposition of more than 400 hours of community service as a special condition of supervised release.

Back in 2017, the defendant was sentenced to time served and three years of supervised release for his role in bank and health care fraud conspiracies. As a special condition of supervised release, the district court imposed 300 hours of community service per year, for a total of 900 hours.

The defendant appealed, arguing that this amount of community service violated 18 U.S.C. § 3583(d) because it was not reasonably related to any legitimate statutory purpose of supervised released; it involved a greater deprivation of liberty than reasonably necessary; and it was inconsistent with Sentencing Guidelines Section 5F1.3 Application Note 1, which states that community service “generally should not be imposed …


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Categories: sentencing, supervised release

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