Vague Conditions of Supervised Release

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7^th Circuit Court of Appeals

Case Name: United States of America v. Kenneth Sandidge

Case No.: 16-2180

Officials: FLAUM, EASTERBROOK, and SYKES, Circuit Judges.

Focus: Vague Conditions of Supervised Release

Kenneth Sandidge pleaded guilty to possessing a firearm as a felon, see 18 U.S.C. § 922(g)(1), and now challenges his sentence for a second time. When the case was last here, we rejected most of his claims of error but remanded for resentencing in light of our recent line of cases requiring a particularized explanation of conditions of supervised release. United States v. Sandidge, 784 F.3d 1055, 1067–70 (7th Cir. 2015); see United States v. Kappes, 782 F.3d 828 (7th Cir. 2015); United States v. Thompson, 777 F.3d 368 (7th Cir. 2015); United States v. Siegel, 753 F.3d 705 (7th Cir. 2014).

On resentencing the judge imposed revised conditions of supervised release, including a condition prohibiting the “excessive use of alcohol,” defined as including “any use of alcohol that adversely affects [the] defendant’s employment, relationships, or ability to comply with the conditions of supervision.” Sandidge objected to this condition as impermissibly vague, but the judge overruled the objection. Sandidge now appeals, reiterating his vagueness challenge.

Vagueness doctrine is rooted in the constitutional guarantee of due process and requires that legal mandates be clear enough to give fair notice to those who must comply and to guard against arbitrary enforcement. The “adversely affects” language is loose and indeterminate, raising concerns about arbitrariness in enforcement. But the problem can be solved by adding a materiality requirement. We modify the condition to prohibit the use of alcohol that “materially adversely affects the defendant’s employment, relationships, or ability to comply with the conditions of supervision.” As modified, we affirm the judgment.

Affirmed

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