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United States v. Anstice

United States District Court, W.D. Wisconsin

October 31, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CHRISTOPHER ANSTICE, Defendant.

          ORDER

          HONORABLE WILLIAMS M. CONLEY, U.S. DISTRICT JUDGE.

         A hearing to address the Seventh Circuit Court of Appeals' limited remand of Christopher Anstice conditions was held on October 31, 2019. The defendant knowingly and voluntarily waived his right to physically present at the re-sentencing hearing pursuant to Fed. R. Crim. P. 43(c)(1)(B). The defendant was represented in absentia by Associate Federal Defender Kelly Welsh. The government was represented by Assistant U.S. Attorney Aaron Wegner. U.S. Probation Officer Marc Stieve was also present. From the record I make the following findings of fact.

         FACTS

         The defendant was sentenced in the Western District of Wisconsin on October 2, 2018, following his conviction for conspiracy to distribute 500 or more grams of methamphetamine, in violation of 21 U.S.C. §§ 841(a) and 846. This offense is a Class A felony. He was committed to the custody of the Bureau of Prisons to serve a term of imprisonment of 120 months, with a 60-month term of supervised release to follow. This was the mandatory minimum sentence required by statute.

         The Seventh Circuit Court of Appeals issued an order for limited remand in this case on July 19, 2019. The parties have stipulated to a reconsideration of the mandatory and non-mandatory conditions of supervised release and waived appearances. That request has been granted.

         FINDINGS

         Pursuant to the Sentencing Reform Act of 1984, the primary goals of supervised release are to assist defendants' transition into the community after a term of imprisonment and to provide rehabilitation. Supervision in this case will provide the defendant with needed correctional programming, including rehabilitative programs, to assist with community reintegration; afford adequate deterrence to further criminal conduct; and to protect the public from further crimes perpetrated by the defendant.

         The undischarged term of imprisonment is to be followed by a five-year term of supervised release, subject to mandatory conditions. In light of the nature of the offense and the defendant's personal history, I adopt condition numbers 1 through 12, and 14 through 16 as proposed and justified in the second addendum to the presentence report. Neither party has raised any objections to the proposals and the defendant, through defense counsel has waived both the oral reading of conditions and individualized justification of each.

         If, when the defendant is released from confinement to begin his term of supervised release, either the defendant or the supervising probation officer believes that any of the conditions imposed today are no longer appropriate, either one may petition the Court for review.

         The instant offense is drug related, and the defendant has a history of drug use. The mandatory drug testing as set forth at 18 U.S.C. § 3583(d) is not waived. The drug testing requirements are sufficiently addressed in special condition number 16.

         ORDER

         IT IS ORDERED that defendant is to serve a five-year term of supervised release as previously ordered with the following modifications to his non-mandatory conditions supervised release:

Defendant shall report to the probation office in the district to which defendant is released within 72 hours of release from the custody of the Bureau of Prisons, unless instructed by the probation ...

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