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Community Service Condition of Probation Affirmed

By Shari Allison

U.S. v. Middagh, 2010 WL 487174 (2/12/10) (Published) - The 10th affirms a probation condition of 240 hours of community service for accepting social security benefits that were a deceased person's. On the good news side, the 10th considered preserved the challenge to the court's failure to explain its sentence because when the defense attorney started to explain his objection to the sentence, the court cut him off midsentence and told him: "the matter is done," thus affording the defense no opportunity to register a procedural complaint. But on the merits, the 10th was unsympathetic. The Rule 32 requirement that the court rule on a dispute applied only to factual disputes, not to the question whether the community-service condition was arbitrary...continue to full post

Full post as published by Tenth Circuit Blog on February 18, 2010 (boomark / email).