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In The Courts
Eighth Circuit Affirms Modification of Supervised Release Terms
In United States v. Davies, 2004 WL 1811122 (8th Cir. Aug. 16, 2004), the defendant appealed the district court's modification of the terms of his supervised release, arguing that the district court had improperly changed the terms as a result of learning new facts to which the defendant did not have a full opportunity to respond. The Court of Appeals affirmed.
The defendant had been sentenced to 34 months in prison and 3 years of supervised release after his conviction on two counts of wire fraud. In the original terms of his supervised release, the district court imposed restrictions on the defendants' being employed in a fiduciary capacity, and also ordered the defendant to undergo counseling.
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