Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Wiltshire

United States Court of Appeals, Second Circuit

December 1, 2014

UNITED STATES, Appellee.
v.
PAULINE WILTSHIRE, Defendant-Appellant,

Argued October 16, 2014

Appeal from the United States District Court for the Eastern District of New York (Dora L. Irizarry, J.). On September 20, 2013, the district court convicted Pauline Wiltshire of violating her supervised release by 1) making false statements to a probation officer; and 2) leaving the district of her supervision without permission. Wiltshire was sentenced to ninety days in custody, to be served on weekends, to be followed by five years of supervised release. On May 25, 2014, during the pendency of her appeal, Wiltshire completed her time in custody on the contested adjudication, although her term of supervision had not yet run. For the reasons stated below, we find that Wiltshire's appeal was not mooted by the expiration of her custodial sentence and that the possibility of a reduced term of supervised release can satisfy Article III's case-or-controversy requirement. We therefore proceed to the merits and AFFIRM the district court's judgment.

MARK K. McCULLOCH (PATRICK MICHAEL MEGARO, on the brief), Brownstone, P.A., Winter Park, FL, for Defendant-Appellant.

JUSTIN D. LERER, Assistant United States Attorney (Susan Corkery, on the brief), for Loretta E. Lynch, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee.

Before: KEARSE, STRAUB, and WESLEY, Circuit Judges.

OPINION

Page 977

Per Curiam:

Appeal from the United States District Court for the Eastern District of New York (Dora L. Irizarry, J.). On September 20, 2013, the district court convicted Pauline Wiltshire of violating her supervised release by 1) making false statements to a probation officer; and 2) leaving the district of her supervision without permission. Wiltshire was sentenced to ninety days in custody, to be served on weekends, to be followed by five years of

Page 978

supervised release. On May 25, 2014, during the pendency of her appeal, Wiltshire completed her time in custody on the contested adjudication, although her term of supervision had not yet run. For the reasons stated below, we find that Wiltshire's appeal was not mooted by the expiration of her custodial sentence and that the possibility of a reduced term of supervised release can satisfy Article III's case-or-controversy requirement. We therefore proceed to the merits and AFFIRM the district court's judgment.

BACKGROUND

Pauline Wiltshire pleaded guilty to a one-count indictment charging conspiracy to distribute Adderall in violation of 21 U.S.C. § 841(a)(1) and was sentenced on April 16, 2012 to time served to be followed by five years of supervised release--to end in April 2017. Among the conditions of her supervised release were the following: " The defendant shall not leave the judicial district without permission of the Court or probation officer," and " [t]he defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer." Wiltshire was permitted to serve her supervised release term in Ohio. Wiltshire did not inform either the district court, during her sentencing, or probation, on a standard questionnaire, that she worked occasionally as an exotic dancer at Platinum Plus in Lexington, Kentucky. She claimed that she was concerned that such revelations would reflect poorly on her character. On April 18, 2012, Wiltshire traveled from Ohio to Lexington without the required permission from her probation officer.

On November 5, 2012, Magistrate Judge Pohorelsky issued a Report and Recommendation finding that Wiltshire had violated the conditions of her supervision both by falsely stating her employment and by traveling to Kentucky without permission on April 18, 2012. Judge Irizarry adopted the R& R in its entirety. On September 20, 2013, Judge Irizarry sentenced Wiltshire to ninety days in custody to be served on weekends beginning October 18, 2013, followed by five years of supervised release. Wiltshire appealed. On May ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.