John Paul Lopez v. United States
JusticiabilityDoctri
Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
QUESTION PRESENTED FOR REVIEW When a district court imposes a term of supervised release as part of a sentence, the United States Sentencing Commission recommends imposing a long list of “standard” conditions of supervised release. Standard Condition 12 reads: 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(c)(12), p.s. The question presented is: Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer? ii No. In the Supreme Court of the United States JOHN PAUL LOPEZ, PETITIONER, V. UNITED STATES OF AMERICA, RESPONDENT PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner John Paul Lopez asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on August 2, 2023.