The defendant in United States v. Sunday (N. 11-8010) “enmeshed himself in one or more Nigerian money scams promoted over the internet.” He then engaged in various acts of banking fraud to obtain money to send to Nigeria. As part of his sentence, the court imposed special conditions on the defendant’s probation, including an order that he “participate in mental health evaluations or treatment as recommended by the U.S. Probation officer and will not terminate treatment without permission of the U.S. Probation officer and the treatment provider.”
Unfortunately, the court addressed this aspect of the appeal only in passing, but it appeared troubled by its breadth. The court directed the district court on remand to “revisit the mental health evaluation and treatment conditions, making further supporting findings to support any reimposition of such conditions, consistent with this court’s discussion of the issue in Mike [632 F.3d 686, 698-700 (10th Cir. 2011)] . . . . Additionally, and also consistent with Mike, any mental health conditions imposed should avoid Article III ambiguities with regard to the probation officer’s supervisory discretion.”
