USA v. Washington, No. 13-50870 (5th Cir. 2014)Annotate this Case
Defendant-Appellant Marvin Washington refused to abide by the rules of his group home and was served an eviction notice. A warrant for his arrest was issued because continued residence in that group home was a condition of Washington's continued release under 18 U.S.C. 4243. The district court heard testimony from Washington's probation officer and revoked Washington's conditional release after finding: (1) Washington's eviction constituted a violation of his treatment regimen; and (2) his continued release posed a substantial risk to society. Because the doctors who crafted Washington's release plan included residence in a group home as an express element, and because the district court's substantial-risk finding was not clearly erroneous, the Fifth Circuit Court of Appeals affirmed that court's judgment.