3rd Circ. Nixes Higher Bar To End Criminal Supervision

Law360 (October 16, 2020, 8:49 PM EDT) -- The Third Circuit ruled Friday in a precedential opinion that district courts don't need to find new, unforeseen, extraordinary or exceptional circumstances in granting early termination of supervised release in criminal cases, saying a New Jersey federal judge was wrong to apply that higher standard in denying such a request.

A circuit panel said U.S. District Judge Kevin McNulty improperly denied Cory Melvin's motion for early termination in a weapons case by relying on a pair of nonprecedential circuit opinions, saying the judge "misapprehended the applicable legal standard because of language" in those decisions. The panel vacated the judge's Jan. 9...

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