SCM NEWS & OPINIONS

United States v. Miller, 978 F.3d 746 (10th Cir. Oct. 20, 2020)

The Tenth Circuit held, as a matter of first impression, that the district court committed error when it delegated the authority to determine the maximum number of non-treatment-program drug tests taken by the defendant during supervised release to a probation officer, based on the language of the sentencing guidelines and the supervised release statute.