Yes, the Second Circuit means it! If the district court doesn’t explain why a special condition of supervised release is required in a particular case, the Circuit will vacate the condition.
Today, yet again, the Second Circuit vacated a condition of supervised release because the district court did not explain the reasons for imposing the condition or make an individualized assessment it was necessary for Mr. Syed. In Mr. Syed’s case the vacated condition was broad electronic and GPS monitoring, without any reasonable suspicion required. In that way Syed is a lot like United States v. Salazar, decided last year.
But, in a broader sense, Syed is just the latest in a string of Second Circuit decisions vacating conditions of supervised release. See also United States v. Alex Oliveras, No. 21-2954 (2d Cir. March 15, 2024), United States v. William Jimenez, No. 21-2954 (2d Cir. March 18, 2024), and United States v. Sims, 92 F.4th 115 (2d Cir. 2024).
So if the judge imposes a condition you don’t like, object! And – even if you don’t think to object in the moment – appeal!
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