The following petition is one which I researched and drafted last year for myself. With all the talk of the federal default, I realized that it jeopardized my main source of income - my Social Security. Well, I can still do research, would like doing research, and that is all I want to do with the law.
United States District Court
Southern District of Indiana
Indianapolis Division
United States of America
V Case No:
Samuel Hasler
Petition for Modification
and Memorandum of Law
Comes now the Defendant and moves the court for an Order modifying the previously entered order of supervised release, and in support thereof would show the following:
1. The Defendant is permitted under 18 U.S.C. § 3583(e)(2) to seek modification prior to the end of the supervised release term of the conditions of supervised release. United States v. Brown, 823 F. 3d 392, 395 (7th Cir. 2016) citing United States v. Neal, 810 F.3d 512, 518-20 (7th Cir.2016).
2. The Defendant's supervised release order was issued on or about October 29, 2010.
3. The Defendant's supervised release order contains a provision forbidding contact with unrelated minors without any distinction made for incidental, unintended and/or commercial situations.
4. In United States v. Sainz, 827 F. 3d 602, 608 (7th Cir. 2016), the Court of Appeals held such a provision should be narrowed "by adding exceptions for commercial business and cases of incidental or unintentional conduct with minors in general. U.S. v. Baker, 755 F.3d 515, 526-27 (7th Cir. 2014). The Defendant requests such a narrowing.
5. The Defendant's supervised release order contains a provision against the Defendant possessing nude, erotic, or pornographic images. Defendant believes this provision is unconstitutionally vague. "A condition of supervised release is unconstitutionally vague if it would not afford a person of reasonable intelligence with sufficient notice as to the conduct prohibited." United States v. Schave, 186 F.3d 839, 843 (7th Cir. 1999). The supervised order leaves undefined its terms which leaves the Defendant without notice as to what violates his supervised release order and what infringes on his First Amendment rights. Defendant finds in US v. Siegel, 753 F. 3d 705, 712 (7th Cir. 2014) support for this request and a source for a better provision, that the prohibition be material that depicts in a prurient or sexually arousing manner. Id. at 713.
6. Defendant's supervised release order prohibits him from associate with any person convicted of a felony. Such language was struck down in US v. Thompson, 777 F. 3d 368, 378 (7th Circuit 2015) and the following language suggested as its replacement prohibition: "to meet, communicate, or otherwise interact with a person whom he knows to be engaged, or planning to be engaged, in criminal activity".... Defendant requests the court substitute the Thompson language for what currently appears in his supervised order. Defendant would also suggest that the suggest that the court add to this provision a requirement the Defendant retain all written communications he has with any know felons for inspection by his probation officer until such time as the probation officer in writing directs that he may dispose of such communications or there is a termination of his supervised release.
7. The Defendant's supervised release order contains the language similar to the following: "...the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics." See Thompson at 379. The Circuit Court thought such language impermissibly vague. Id. at 380. Defendant does not think the prohibition can be clarified to remove the vagueness to which third-parties are to be so notified or the vagueness as to the contents of personal history and/or characteristics. As to criminal history, Defendant is a registered sex offender, that information is readily available online and the world had constructive notice of his criminal history. Defendant believes this language should be struck from his supervised release order as being unconstitutionally vague.
8. While in prison Defendant undertook several creative writing classes and continued writing for the entirety if his imprisonment. He has approximately three novels completed, three more that are in some stage of completion, about two dozen short stories, several plays, and one screenplay. All these are either typed or in longhand. They need digitized. Defendant had a laptop which he accidently broke back in October. A friend has supplied a replacement which has not yet been approved by his probation officer. Defendant has not waived his First Amendment rights but recognizes his crimes require some compromises with the concerns of the community. As supervised release is to "serve the purposes of deterrence, rehabilitation, and protection of the public," Defendant requests approval of a laptop computer without any web browsers, therefore without any internet access that might compromise this court's protection of the public but which will allow Defendant to pursue his writing which will further his rehabilitation. The Defendant further moves that any installation or reinstallation of a browser cannot be done without the written approval of his probation officer and in the presence of his probation officer. Defendant requests that the term of his supervised release be modified from life to five years. United States v. Quinn, 698 F. 3d 651, 652 (7th Cir 2012) held "district judges can reduce the length of supervised release, or modify its terms, at any time, 18 U.S.C. § 3583(e)...." The same court ruled that a term can be onerous for its duration as well as its content. Id. If the "the supervised-release system represents a worthwhile method of rehabilitating defendants" (See US v. Kappes, 782 F.3d 828 (7th Cir 2015).) Defendant's life-time term can only be interpreted as he is beyond any hope of rehabilitation. Unlike the facts of US v. Greene, 970 F.3d 831 (2020) which upheld a life term of supervised release, Defendant had no prior convictions and was not sentenced to the statutory minimum. Greene at 832 - 33. The term of supervised release can be extended if there comes a time there is evidence of Defendant requiring further supervised time to meet the goals of rehabilitation and deterrence. US v. Thompson, 777 F.3d 368, 375 (7th Cir 2015).
WHEREFORE, Defendant requests an order from this court modifying his supervised release order as follows:
1. The provision forbidding contact with unrelated minors without any distinction made for incidental, unintended and/or commercial situations shall henceforth include language exceptions for commercial business and cases of incidental or unintentional conduct with minors in general;
2. That the provision forbidding, nude, pornographic, or erotic images be replaced by a prohibition on the Defendant from possessing material that depicts in a prurient or sexually arousing manner;
3. That the part of the supervised prohibiting contact with known felons be replaced with the Defendant shall not meet, communicate, or otherwise interact with a person whom he knows to be engaged, or planning to be engaged, in criminal activity; and
4. That there shall be added to the order the requirement the Defendant retain all written communications he has with any know felons for inspection by his probation officer until such time as the probation officer in writing directs that he may dispose of such communications or there is a termination of his supervised release
5. That the provision requiring Defendant to notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics be struck from the order; and
6. That the current lifetime term of supervision be modified to a term of five (5) years.
____________________________________
Samuel C. Hasler
[Address]
Certificate of Service
I certify that a copy of the foregoing was mailed by pre-paid U.S mail to the United States Attorney for the Southern District of Indiana on ___________________________, 2022.
____________________________________
Samuel C. Hasler
sch 6/1
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