United States v. Enoch Montaque

MEMORANDUM

DefendanN-Appellant Enoch A. Mon-taque appeals from the District Court’s judgment revoking his supervised release and imposing a five-month, below-guidelines sentence of imprisonment, thirty-one month sentence of supervised release, and additional conditions requiring that Mon-taque undergo an anger management program and a mental health treatment program.

Montaque argues principally that the Court committed procedural error and violated his First Amendment rights by imposing an additional unwritten “constructive condition” of supervised release during sentencing, stating “I’ll make a note in my file, you ever do that again [swear at a probation officer], I get a violation petition, I’ll send you away for 24 months.” In. context, it is clear that this was just a warning by the district judge that the defendant’s offensive and scurrilous retort to a proper inquiry by the Probation Officer was entirely inappropriate, particularly when as the District Court went on to say, the Probation Officer was simply trying to help the defendant. No additional condition was imposed and there would be no basis for filing a future specification for any supposed violation of this…