United States v. Neal, No. 14-3473 (7th Cir. 2016)
Annotate this CaseAfter pleading guilty to federal drug crimes in 2001, Neal was sentenced to prison and supervised release. He was released from prison in 2010 but was sent back in 2013 for another 18 months after violating several conditions of his supervised release. When Neal completed the new term in 2014, he asked the court to rescind a special condition of supervised release authorizing warrantless searches of his person and residence, as inappropriate for drug offenders. The district court denied the motion. The Seventh Circuit first held that 18 U.S.C. 3583(e)(2) permits a defendant to request relief from a condition of supervised release on substantive grounds, but not for procedural errors from the time of the original sentencing, then found that Neal had waived challenges to the other conditions. The court upheld the search condition.
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