{"id":57451,"date":"2024-03-28T08:30:58","date_gmt":"2024-03-28T13:30:58","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57451"},"modified":"2024-03-28T08:30:58","modified_gmt":"2024-03-28T13:30:58","slug":"ca9-supervised-release-condition-of-financial-disclosure-permitted-under-18-u-s-c-%c2%a7-3553a-and-didnt-violate-4a","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=57451","title":{"rendered":"CA9: Supervised release condition of financial disclosure permitted under 18 U.S.C. \u00a7 3553(a) and didn’t violate 4A"},"content":{"rendered":"\n

\u201cSecond, the financial disclosure condition does not clearly violate the Fourth Amendment’s requirement that release conditions be reasonably necessary and narrowly tailored. See United States v. Sales, 476 F.3d 732, 737 (9th Cir. 2007). We have upheld a substantially similar financial disclosure condition as \u2018reasonably related to the factors set forth in 18 U.S.C. \u00a7 3553(a)\u2019 and \u2018involv[ing] no greater deprivation of liberty than is reasonably necessary\u2019 on the rationale that financial reporting deters future crime by helping probation officers monitor the defendant and detect suspicious use of funds. United States v. Garcia, 522 F.3d 855, 861-62 (9th Cir. 2008). The district court did not plainly err in applying the same rationale here.\u201d United States v. Cook<\/a>, 2024 U.S. App. LEXIS 6985 (9th Cir. Mar. 25, 2024).<\/p>\n\n\n\n

2255 petitioner contends his attorney didn\u2019t properly defend against an illegal search. That was litigated, and the allegation it wasn\u2019t sufficient is conclusory. United States v. Waugh, 2024 U.S. Dist. LEXIS 51250 (E.D. Okla. Mar. 22, 2024).*<\/p>\n\n\n\n

2255 petitioner contends his attorney didn\u2019t properly claim that the search warrant papers were tampered with. That\u2019s waived by his guilty plea. Fitts v. United States, 2024 U.S. Dist. LEXIS 51392 (W.D. Tenn. Mar. 22, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cSecond, the financial disclosure condition does not clearly violate the Fourth Amendment’s requirement that release conditions be reasonably necessary and narrowly tailored. See United States v. Sales, 476 F.3d 732, 737 (9th Cir. 2007). We have upheld a substantially similar … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[126,58,129],"tags":[],"class_list":["post-57451","post","type-post","status-publish","format-standard","hentry","category-issue-preclusion","category-probationparole-search","category-waiver"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57451","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=57451"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57451\/revisions"}],"predecessor-version":[{"id":57452,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57451\/revisions\/57452"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57451"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57451"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57451"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}