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Sentencing – supervised release

By: WISCONSIN LAW JOURNAL STAFF//August 27, 2014//

Sentencing – supervised release

By: WISCONSIN LAW JOURNAL STAFF//August 27, 2014//

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Sentencing – supervised release

Written conditions of supervised release not announced orally must ne vacated.

“It is well-established in this circuit that when there is a conflict between an oral and later written sentence, the oral judgment pronounced from the bench controls. United States v. Alburay, 415 F.3d 782, 788 (7th Cir. 2005). ‘[If] the oral version is unambiguous, there is no need to look beyond the oral version for any clarification from the written version … . The written version is thus a nullity, not requiring further discussion’ Id. Here, the district court unambiguously announced several specific conditions of supervised release at Johnson’s sentencing hearing and did not include any statement as to whether other standard conditions would apply. We conclude that the court exercised its discretion in selecting only some of the discretionary conditions to impose on Johnson. According to our holding in Alburay, any new conditions imposed in the later written judgment are inconsistent with the court’s oral order and must be vacated. Cf., Bonanno, 146 F.3d at 512 (when the district court orally informed the defendants that ‘all the standard conditions of supervised release adopted by this Court’ would apply, but did not enumerate those conditions until the written order, the written order was merely a clarification of the vague oral pronouncement and was not in conflict with the oral pronouncement).”

Affirmed in part, and Vacated in part.

13-3649 U.S. v. Johnson

Appeal from the United States District Court for the Central District of Illinois, Shadid, J., Bauer, J.

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