United States v. Neal, No. 11-1338 (7th Cir. 2011)
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In 2001 defendant was sentenced to 137 months' imprisonment, fined $1,250, and placed on supervised release for 3 years for conspiracy to possess crack cocaine with the intent to distribute. Conditions of release required three drug tests, at the discretion of the parole officer, and participation in a treatment program. After he was released, the United States Probation Office moved to add a condition for mental health treatment, based on defendant punching his daughter. The petition did not mention any modification of the drug testing condition. Defendant did not object to the mental health condition, but appealed the court's imposition of a condition that he submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court, not to exceed 52 tests in one year. The Seventh Circuit affirmed, noting that under 18 U.S.C. 3583(e)(2) a district court has wide discretion in imposing the terms of supervised release.
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