Jeremy Lee Sestak v. United States
Environmental SocialSecurity Securities Immigration
Can a defendant bring an as-applied petition for modification of the supervised conditions?
QUESTION(S) PRESENTED 1. Can a defendant bring an as-applied petition for modification of the supervised conditions? 2. Does supervised release conditions as applied invoke Double Jeopardy protections? 3. Does the inconsistant policy statements found in the U.S.S.G. §4B1.5 and §5D1.2 demonstrate make the "special" conditions of supervised release excessive? 4. Is the addition of supervised release term a separate and different sentence imposed in a criminal: proceeding? 5. Is §5D1.2, by omitting an offense "not to include the receipt of, the possession of, or the trafficking in child pornography" expressly as defined to include offenses involving a specific victim (e.g. a contact offense/hands on being perpetrated against a minor? . 6. Does the additional "prosecutions" attributed to the original offense implicate Double Jeopardy protections? 7. Does "any time" under the provisions of 18 §3583(e)(2) mean just that, or is it only when convenient for the government? 8. Does the plain language of §3553 expressly, strongly suggest that the conditions of supervised release must meet not only sentencing factors but constitutional protections as well?