If a defendant is released from supervised release under supervision under section 3553(e)(4) of the Criminal Code, can he be placed under house arrest?

MultiRegion, United States of America

The following excerpt is from U.S. v. Lussier, 104 F.3d 32 (2nd Cir. 1997):

Fourth, where incarceration is permitted, the court may order a defendant placed under "house arrest" and this restriction may be monitored by telephone or electronic signaling devices [id. 3583(e)(4) ].

United States v. Truss, 4 F.3d 437, 438-39 (6th Cir.1993).

Section 3583(e) provides the district court with retained authority to revoke, discharge, or modify terms and conditions of supervised release following its initial imposition of a supervised release term in order to account for new or unforeseen circumstances. Occasionally, changed circumstances--for instance, exceptionally good behavior by the defendant or a downward turn in the defendant's ability to pay a fine or restitution imposed as conditions of release--will render a previously imposed term or condition of release either too harsh or inappropriately tailored to serve the general punishment goals of section 3553(a). In such cases, the court may invoke either subsection (1), which "works to the advantage of the defendant," or subsection (2), which "can be employed either to the defendant's advantage or his disadvantage," id. at 439, to discharge the defendant from supervised release, to modify and make less demanding the conditions of release, or to reduce the length of the term of release. Alternatively, new circumstances may arise that require a longer term or harsher conditions of supervised release in order to further the general punishment goals of section 3553(a)--for instance, the defendant's violation of conditions of release or the discovery of information indicating that the defendant has secreted important financial assets. See, e.g., United States v. Allen, 2 F.3d 538, 539 (4th Cir.1993) (additional term of residence in community service center); United States v. Stout, No. 89-00317-01, 1996 WL 251874 at * 1 (E.D.Pa. April 30, 1996) (increased restitution payment).

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