Archive | delegation

Tuesday, March 15th, 2022

District court can’t delegate inpatient treatment decision, but Hobbs Act restitution order stands.

In a March 14, 2022 summary order, the Second Circuit reiterated the limits of a district court’s authority to delegate decisions about supervised release to the Probation Department. In United States v. Ely, No. 17-3081-cr, the court imposed a special condition of release requiring the defendant to complete “outpatient and/or inpatient drug treatment.” This wording left it to the Probation Department to decide which. But because inpatient treatment “entails a significantly greater restriction on a defendant’s liberty than outpatient treatment,” the district court was not permitted to delegate this decision to Probation. The Circuit accordingly vacated this portion of the defendant’s sentence.

In the same order, the Circuit declined to find that the district court plainly erred by imposing restitution under the Mandatory Victims Restitution Act (MVRA) for a Hobbs Act robbery conspiracy. As relevant here, the MVRA mandates restitution for any “crime of violence,” as defined in 18 …

Posted By
Categories: delegation, restitution, supervised release

Continue Reading
Friday, June 21st, 2019

A SCOTUS plurality holds that Congress authorizing the U.S. Attorney General  “to specify the applicability” of  SORNA’s registration requirements to people convicted before SORNA was enacted (in 2006), is not an unconstitutional delegation of legislative authority under Article I, § 1 of the Constitution.

Yesterday, in Gundy v. United States, Sup. Ct. No. 17-6086, 2019 WL 2527473 (June 20, 2019), a case out of the Second Circuit, a plurality of the Supreme Court held that 34 U.S.C. § 20913(d) — which authorizes the U.S. Attorney General “to specify the applicability” of the registration requirements of the Sex Offender Registration and Notification Act (“SORNA”) to people convicted before the statute’s enactment (in 2006) — is not an unconstitutional delegation of legislative authority.

The lead opinion was written by Justice Kagan, joined by Justices Breyer, Ginsburg, and Sotomayor. See Opinion (“Op.”) at 1-18. Justice Alito filed a short, one-page, opinion “concurring in the judgment.” Concurrence, Alito, J., at 1. And Justice Gorsuch filed a dissenting opinion that was joined by Chief Justice Roberts and Justice Thomas. Dissent, Gorsuch, J., at 1-33. Justice Kavanaugh did not participate in the decision since he was not on the …

Posted By
Categories: delegation, Sex offender registration

Continue Reading