US v. Hulen, No. 16-30160 (1-10-18)(Clifton
w/Wardlaw & Owens).
The 9th affirms a SR
revocation based on the defendant's admissions during mandatory sex offender
treatment. "There was no violation
of Hulen's right against self-incrimination because a proceeding to revoke
supervised release is not a criminal case for the purposes of the Fifth
Amendment." (11). SR gets due process lite--it is not a criminal case,
with the full panoply of constitutional protections; it is not new punishment
for a new crime. Rather, it is conditional liberty. The right against self-incrimination only
extends to prohibit the use of an admission in a criminal case. There was no new crime charged here.
The case contains a listing of rights
not afforded a defendant on SR: self-representation does not apply; right of
confrontation does not apply; corroboration of a confession is not required;
collateral estoppel does not bar a subsequent revocation after an acquittal.
(8).
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/01/10/16-30160.pdf
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