Delegation Of Judicial Authority To Probation Officer Over Supervised Release Conditions Improper
“We conclude that the district court abused its discretion by impermissibly delegating judicial authority to the probation officer as to whether Yarbrough would participate in a vocational training program,” the court wrote. “A court impermissibly delegates judicial authority when it gives a probation officer authority to decide whether a defendant will participate in a treatment program,” the court held.
For similar reasons, the appeals court also vacated the mental health condition. See United States v. Yarbrough, No. 15-20236 (5th Cir. 2017) (unpublished).
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