Employer Notification Requirement Rejected For Second Time

U.S. v. Souser, 2006 WL 2006012 (7/19/06)(unpub'd) - The d.ct. that was previously reversed because it imposed a requirement that the defendant notify her employer of her conviction, without making the proper findings, screwed up again. This time it was wrong under U.S.S.G. § 5F1.5(a)(2) for the court to impose the condition on the ground that failure to tell her employer about her conviction was the same type of conduct that lead to her original false statement conviction. The 10th observed that the rationale put the defendant in a Catch-22 position.