United States v. Posner

United States District Court for the Southern District of Florida · Criminal Law

Criminal LawProbationSentencingprobationsentencingdistrict courtapproval of proposalhomeless project

Facts

Defendant Victor Posner submitted a Homeless Project Proposal for approval during probation. The proposal directed funds to four South Florida homeless programs serving families, battered women with children, and homeless or runaway youths, and also contemplated creation of a foundation for the homeless using uncommitted funds and tax-exempt interest. The court circulated the proposal to its advisory committee, received the committee's endorsement, and relied on detailed review by probation officers Frank Schwartz and Jim Lyons. The court also considered a 1989 South Florida homelessness study emphasizing that a substantial portion of the homeless population consisted of families, primarily mothers and children, including many escaping violent domestic environments.

Issue

Whether the court should approve Posner's Homeless Project Proposal as an appropriate implementation of what the court contemplated when it originally sentenced him to probation. More specifically, the question was whether the proposal adequately addressed important homelessness needs in the Southern District of Florida through suitable programs and a sustainable funding structure.

Rule

A probation-related proposal may be approved when, in the court's judgment, it addresses an important identified need, funds appropriate and carefully reviewed programs, is consistent with the goals and intent of the original probationary sentence, and remains subject to continued judicial supervision for implementation.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

A federal judge in Chicago sentenced Darren Cole to probation with the understanding that he would propose a community project consistent with the sentence’s rehabilitative aims. During probation, Cole submits a plan to fund transitional housing and counseling for homeless parents with children after a university-led regional study and probation officers identified that group as a fast-growing local need.

Should the court approve the proposal?

Explanation. The majority approved a probation-related charitable project where it responded to an important identified need shown by a study, funded suitable programs, matched what the court had contemplated at sentencing, and remained under judicial supervision. The court specifically did not require the project to address every needy group or spend all available funds at once. (Derived from United States v. Posner (n.d.).)