Tenth Circuit - Supervised Release

United States v. Koch, 978 F.3d 719 (10th Cir. 2020). The court committed plain error when it imposed a condition of supervised release prohibiting the defendant from possessing nonpornographic sexually related materials. The court did not make the requisite findings that the condition was justified in light of the offense and the defendant’s background and characteristics.

United States v. Miller, 978 F.3d 746 (10th Cir. 2020). The court erred when it imposed a special condition of supervised release that allowed the probation officer to determine the number of drug tests to which the defendant must submit. While a judge must determine the maximum number of drug tests and may not delegate that authority to the probation officer, the Court of Appeals did not remand the case because the defendant failed to satisfy the third prong of the plain-error test—that “he is ‘worse off’” because of the improper delegation of authority.

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