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Suggestions for Judge Walton on Libby's Supervised Release | 23 comments (23 topical)

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As for the potential penalty for violation ... (none / 0) (#6)
by Peter G on Wed Jul 04, 2007 at 02:42:50 PM EST
On your other question, TL -- if Libby were to be found to have violated a condition of his supervised release (say, by failing to "work conscientiously at suitable employment," or by failing to refrain from excessive use of alcohol, or by committing contempt of Congress, or by leaving the District of Columbia [or whatever his geographical restriction may be] without permission of his probation officer, or whatever) the judge could indeed send him to prison "to serve ... all or part of the term of supervised release authorized by statute for the offense that resulted" in the sentence in the first place.  In this case, that would be a maximum of three years, I believe (unless anything he was convicted of carries a potential imprisonment max of 25 yrs or more, which I don't think it did).  There are advisory Guidelines which suggest lesser terms in Chapter 7 of the US Sentencing Guidelines Manual, which of course are  not binding but must be "considered."  This is all in 18 USC 3583(b) and 3559(a), btw.  I don't see anything in the Proclamation of Clemency that restricts any of this, and if anything the preservation of the term of supervised release "with all its conditions" suggests that enforcement of those conditions remains unaffected.

Suggestions for Judge Walton on Libby's Supervised Release | 23 comments (23 topical)

Readers Must Login or Create an Account to Comment

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