Frivolous Appeal

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7^th Circuit Court of Appeals

Case Name: United States of America v. Jones Wheeler

Case No.: 15-2785

Officials: RIPPLE, WILLIAMS, and HAMILTON, Circuit Judges.

Focus: Frivolous Appeal

Appointed counsel allowed to withdraw

“Counsel does not mention two standard conditions of supervised release that we have criticized as vague. First, we have said that language requiring Wheeler to notify his probation officer of any “change . . . in employment” leaves un- clear whether this condition applies only to “changing employers or also includes changing from one position to an- other for the same employer at the same workplace.” United States v. Thompson, 777 F.3d 368, 379 (7th Cir. 2015). Second, the condition prohibiting Wheeler from leaving the judicial district without permission “improperly imposes strict liability” because it lacks a scienter requirement. United States v. Kappes, 782 F.3d 828, 849–50 (7th Cir. 2015). That being said, we have no reason to believe that Wheeler wishes to challenge these conditions, as counsel has not identified them as potential issues and Wheeler has not responded to the Anders brief. See United States v. Bryant, 754 F.3d 443, 447 (7th Cir. 2014). If Wheeler later perceives these conditions to be problematic after he begins serving the term of supervised release, he will be free to seek modification under 18 U.S.C. § 3583(e)(2). United States v. Neal, 810 F.3d 512, 518 (7th Cir. 2016).”

Motion to Withdraw Granted

Appeal Dismissed

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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.