Federal - Revocation of Probation & Supervised Release Flashcards Preview

Texas Criminal Law Specialization Exam > Federal - Revocation of Probation & Supervised Release > Flashcards

Flashcards in Federal - Revocation of Probation & Supervised Release Deck (14)
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1
Q

What does due process require for a probation revocation?

A
  1. Written notice of the claim of violation of probation;
  2. Disclosure to the probationer of evidence against him;
  3. Opportunity to be heard in person and to present witnesses adn documentary evidence;
  4. Right to confront and cross-examine adverse witnesses (unless good cause)
  5. A “neutral and detached” hearing body; and
  6. a written statement by the fact finder as to the evidence relied on and reasons for revoking
2
Q

What is the burden of proof required in probation revocations, by DUE PROCESS?

A

Not “beyond a reasonable doubt” rather the judge must be “reasonably satisfied”

3
Q

Is the CRT limited to the original Guidelines Range on revocation?

A

No, the statute was amended to allow CRT to recalculate Guidelines

4
Q

On revocation, can the CRT impose a split sentence?

A

Yes, CRT can require additional supervision after prison term is served. However, all prison together cannot exceed a statutory maximum.

5
Q

When is revocation “mandatory”?

A

When D possesses a controlled substance, a firearm in violation of law, or refuses to comply with drug testing 18 USC 3563
For drugs, CRT can consider treatment programs instead of prison

6
Q

How is sentencing determined on revocation?

A

CRT decides within legal range, BUT there is a table in Chapter 7 that increases the punishment based on severity of violation

7
Q

Can a CRT order a longer sentence on revocation, so that D can get treatment in prison?

A

No. Tapia applies

5th Cir. has held it is plain error to impose sentence on rehabilitative needs

8
Q

How is restitution determined?

A

CRT must consider:

  1. ACTUAL loss sustained by any victims;
  2. financial resources of D;
  3. D’s financial needs, earnings, and dependants
9
Q

Is D entitled to a jury trial on restitution?

A

No.

10
Q

What is the burden for restitution?

A

Preponderance of Evidence

  1. Gov’t must prove amount of restitution;
  2. D must show his financial ability
  3. D must show that Vic has already recovered civilly
11
Q

How do you calculate restitution in conspiracy?

A

Split in Circuits

5th Cir - conspiracy may broaden ability to collect restitution

12
Q

When is restitution “REQUIRED”?

A
  1. Crime of Violence;
  2. Offense against property under Title 18, includes fraud or deceit;
  3. Offenses related to tampering with consumer products
13
Q

What do you do about restitution is there A LOT of victims?

A

If restitution is impractical or too complex the need for restitution is outweighed by the burden on the sentencing process

14
Q

Does the CRT have to pronounce restitution with sentence?

A

No, as long as CRT announces it intends to enter a restitution order within 90 days it need not finalize the amount at that point