Summary
The Seventh Circuit affirmed the bank fraud conviction but addressed challenges to supervised release conditions. The court held that the defendant waived objections to visitation and community service conditions by affirmatively stating he had no objections at sentencing. The court found the written judgment's use of "jurisdiction" in a travel restriction condition impermissibly vague, but the oral pronouncement defining it as the "Northern District of Illinois" was adequate. The court remanded with instructions to amend the written judgment to substitute "federal judicial district" for "jurisdiction" to conform to the oral sentence.
Topics
Practice areas
Questions Presented
- Whether Collins waived his objections to the Visitation and Community Service Conditions of supervised release.
- Whether the Jurisdiction Condition's use of 'jurisdiction' in the written judgment is impermissibly vague when the oral pronouncement defined it as the Northern District of Illinois.
Holdings
- Collins waived his objections because he had notice of the conditions, a meaningful opportunity to object, and affirmatively stated no objections at sentencing.
- The written judgment's use of 'jurisdiction' without definition is impermissibly vague and inconsistent with the oral pronouncement, requiring remand to substitute 'federal judicial district'.
Key quotations
“we reject Collins's arguments relating to the Visitation and Community Service Conditions because he failed to preserve them. This failure amounts to waiver, or, the intentional relinquishment of a known right.” (at 5)
“Collins had notice of the Visitation and Community Service conditions when he received the PSR prior to filing his sentencing memorandum... Collins, through counsel, affirmatively informed the district court that he had no objections to any of the terms or conditions of supervised release recommended in the PSR.” (at 6)
“Requiring that a subsequent written judgment not conflict with the oral pronouncement at sentencing 'ensure[s] that the defendant has ample opportunity to object. [It] also prevent[s] uncertainty over what conditions or version of a condition the district court intended to impose; liberty should not turn on guess-work.'” (at 8)
“we AFFIRM the district court's judgment in all respects except its use of the word 'jurisdiction' in Discretionary Condition of Supervised Release #14. With respect to that condition, we REMAND WITH INSTRUCTIONS for the district court to amend its written judgment to substitute the term 'federal judicial district' for the word 'jurisdiction.'” (at 10)
Factual background
Collins and others engaged in a scheme to defraud banks by submitting stolen and altered checks, netting $93,215.50. He pleaded guilty to one count of bank fraud.
Procedural history
Collins pleaded guilty to bank fraud. The district court sentenced him to 55 months' imprisonment and five years of supervised release with various conditions. Collins appeals three conditions.
Remand instructions
Amend the written judgment to substitute 'federal judicial district' for 'jurisdiction' in Discretionary Condition of Supervised Release #14.