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· 6/17/2016

Robert J.M. v. David Ballard, Warden

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding district court’s explanation of the term “elsewhere” to mean “a ‘public place,’ such as a Starbuck’s coffee shop” provided probation with sufficient guidance
  • applying waiver where defendant received advance notice of conditions and did not object when given opportunity at sentencing
  • stating waiver exists when there was no “lack of notice or surprise at the conditions the district court planned to impose”
  • rejecting a pronouncement challenge to this procedure because the key concern is whether the defendant had an opportunity to object at sentencing
  • following Armour, statutes do not require judge to “provide two separate explanations, one for the term of imprisonment and one for the term of supervised release”
  • finding waiver as to all but one of the supervised release conditions where the defendant was given the opportunity to review the proposed conditions before the hearing, had a chance to object to them, and objected to only one

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.