Pleas & Sentencing – Revocation – Abuse of Discretion

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Criminal

7^th Circuit Court of Appeals

Officials: FLAUM, WILLIAMS, and HAMILTON, Circuit Judges

Pleas & Sentencing – Revocation – Abuse of Discretion

No. 15-1604 United States of America v. Charles Armour

District court did not abuse it’s discretion in ordering restrictive conditions when appellant revoked.

“The district court prohibited Armour from “meet[ing], communicat[ing], or otherwise interact[ing] with any person whom [he] know[s] to be a convicted felon … or to be en‐ gaged in or planning to engage in criminal activity unless [he is] granted permission to do so by the probation officer.” Armour argues that banning interactions with a convicted felon serves no valid purpose, but we disagree. The district court stated that the purpose of this condition is to limit Armour’s exposure to triggers of negative behavior. Further, this condition includes a knowledge requirement, which distinguishes it from the conditions found to be fatally vague in Kappes, 782 F.3d at 848–49 (defendant forbidden from “associat[ing] with any person convicted of a felony, unless granted permission to do so by the probation officer”), and Thompson, 777 F.3d at 377 (same). Thus, this was not an abuse of discretion, especially given the district court’s discussion of Armour’s “long history of abusing drugs and breaking the law, and despite numerous incarcerations, continued negative behavior.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.