US v. Jones: Jones pleaded guilty to production of child pornography and was sentenced to 256 months in prison, followed by a lifetime term of supervised release. A mandatory term of his supervised release mandated that he not use controlled substances and submit to periodic drug tests “as determined by the court.” A second, special condition, further required that Jones “contribute to the cost of such program not to exceed the amount determined by the court approved “US Probation Office’s Sliding Scale for Services.”
On appeal, Jones argued that the second condition improperly delegated authority to the probation officer to determine the regularity of his drug tests. However, the parties agreed at oral argument that all the second condition did was establish Jones’ requirement for paying for the drug testing regime set forth in the mandatory condition and “as determined by the court.” As a result, there was no error (much less plain error) and the Fourth Circuit affirmed Jones’ sentence.
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