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161956P.pdf 12/14/2016 United States v. Cynthia Hobbs
U.S. Court of Appeals Case No: 16-1956
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Smith, Author, with Riley, Chief Judge, and Murphy, Circuit
Judge]
Criminal case - Sentencing. Special condition of defendant's supervised
release prohibiting her from "direct, indirect, or electronic contact"
with her husband was not supported by the record, and this sweeping
restriction on defendant's important constitutional right of marriage is
vacated; the matter is remanded for reconsideration on a closed record as
the government had a full and fair opportunity to present evidence on this
issue and it will not be permitted to expand the record on remand.