No. 21-68

Brendon Janis v. United States

Lower Court: Eighth Circuit
Docketed: 2021-07-19
Status: Denied
Type: Paid
Experienced Counsel
Tags: constitutional-delegation delegation-of-authority due-process probation-officer risk-notification sentencing-guidelines supervised-release vagueness vagueness-doctrine
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2021-11-12
Question Presented (AI Summary)

Does Standard Condition 12 unconstitutionally delegate authority to the probation officer?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The United States Sentencing Commission recommends imposing several standard conditions of supervised release. Standard Condition 12 is as follows: If the probation officer determines that the defendant poses a risk to another person (including an organization), the probation officer may require the defendant to notify the person about the risk and the defendant shall comply with that instruction. The probation officer may contact the person and confirm that the defendant has notified the person about the risk. U.S.S.G. § 5D1.3(¢)(12). The questions presented are: 1. Does Standard Condition 12 unconstitutionally delegate authority to the probation officer? 2. Is Standard Condition 12 unconstitutionally vague?

Docket Entries

2021-11-15
Petition DENIED.
2021-10-27
DISTRIBUTED for Conference of 11/12/2021.
2021-10-22
Reply of petitioner Brendon Janis filed.
2021-10-18
Brief of respondent United States in opposition filed.
2021-09-13
Motion to extend the time to file a response is granted and the time is further extended to and including October 18, 2021.
2021-09-10
Motion to extend the time to file a response from September 17, 2021 to October 18, 2021, submitted to The Clerk.
2021-08-06
Motion to extend the time to file a response is granted and the time is extended to and including September 17, 2021.
2021-08-05
Motion to extend the time to file a response from August 18, 2021 to September 17, 2021, submitted to The Clerk.
2021-07-15
Petition for a writ of certiorari filed. (Response due August 18, 2021)

Attorneys

Brendon Janis
Adam G. UnikowskyJenner & Block LLP, Petitioner
Adam G. UnikowskyJenner & Block LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent