Pleas & Sentencing

Listen to this article

Criminal

7^th Circuit Court of Appeals

Officials: KANNE, ROVNER, Circuit Judges and DOW, District Judge.

Pleas & Sentencing

No. 14-3424 United States of America v. Sylvester Purham

Where appellant’s sentence conditions requiring community service and refrain from association with gang-affiliated individuals unclear and must be vacated.

“Here, the district court’s condition prohibits street-gang association rather than felony association, but that is a distinction without a difference. Although the district court required an intent element for wearing gang-related colors (i.e., Purham must intend to wear them as a representation of a gang in order to offend the condition), it offered no such requirement for the association component of the condition. We remain unsure, then, whether an accidental or chance meeting with a street-gang member would violate this condition. Clarification must be provided to determine what “association” means. Accordingly, under Thompson, this condition must also be vacated.”

Affirmed in part, Vacated in Part, Reversed and Remanded in Part.

Full Text

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.