Judge Richard Arcara
Black pleaded guilty, on Oct. 22, 2011, to filing a false tax return and a Clean Air Act violation of 42 USC §§7413(c)(1) and 40. On March 1 he was sentenced to a below Guidelines term of 12 months and one day in prison, followed by two years' supervised release. A standard travel restriction was imposed on Black during supervision. Black was denied the restriction's modification after the probation office informed the court that he would generally be permitted to travel for business if he obtained permission after two weeks' notice. In addition to denying Black's motion seeking early termination of supervision, the court refused to lift the travel restriction. Black showed nothing more than that the travel-approval process was inconvenient. He reported neither specific instances when that process negatively affected his business, nor efforts to mitigate negative effects his business is suffering. The restrictions on Black's liberty while on supervised release were needed so that he never again engage in crimes similar to those for which he was convicted. That travel restriction ensures that Black's sentence is roughly uniform and proportionate when compared to sentences of other persons with similar backgrounds found guilty of similar conduct.
