Over a two day period, a client on supervised release missed a drug test and two assessments. Although this is against the backdrop of having never missed or flunked a drug test before and thought the assessments were on different day—he said he wanted to have the assessments and tried to get them done on his own before the day he thought they were scheduled. The probation officer nevertheless filed a petition to revoke supervision. The district court agreed he had committed the violations and sent him back to prison for another six months. Seventh Circuit: Not cool. District court must give better explanation why prison time was necessary or even beneficial for a defendant who said he tried in good faith to comply with the terms of his release. We're also reversing because even “before hearing a word of testimony, the court told Jordan that it was adopting the findings of violations from the probation officer’s report.” Court must evaluate every defense, especially one about lack of intent where there is evidence of reasonable effort and good faith. Reversed and remanded.
The case is United States v. Jordan, No. 19-2970 (7th Cir. Mar 18, 2021).