What is the current state of the law on special conditions in sentencing for a convicted rapist?

MultiRegion, United States of America

The following excerpt is from United States v. Brown, 14-4643-cr(L), 14-4644-cr(CON) (2nd Cir. 2016):

United States v. Marcus, 560 U.S. 258, 262 (2010) (alteration and internal quotation marks omitted). Our Court has held that "an imposition of a sentence in violation of law would be plain error." United States v. Eng, 14 F.3d 165, 172 n.5 (2d Cir. 1994).

A sentencing court may impose special conditions that are reasonably related to "the nature and circumstances of the offense and the history and characteristics of the defendant;" "the need for the sentence imposed to afford adequate deterrence to criminal conduct;" "the need to protect the public from further crimes of the defendant;" and "the need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner," and which "involve no greater deprivation of liberty than is reasonably necessary" for these purposes. U.S.S.G. 5D1.3(b); see also United States v. Myers, 426 F.3d 117, 123-25 (2d Cir. 2005) (same). A district court's discretion to impose special conditions is not "untrammeled," however, and we will "carefully scrutinize unusual and

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