Sentencing – Supervised Release

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7^th Circuit Court of Appeals

Case Name: United States of America v. Izabela Gawron

Case No.: 18-2608

Officials: WOOD, Chief Judge, and BARRETT and ST. EVE, Circuit Judges.

Focus: Sentencing – Supervised Release

Izabela Gawron is a citizen of Poland, but she has lived in the United States for the last 17 years. She became mixed up in a complex scheme that landed her in federal court facing charges of wire fraud. Once there, she pleaded guilty to one count and was sentenced to 12 months and one day in prison, and two years of supervised release. Her appeal focuses on the latter part of the sentence: she contends that the district court erred by imposing any term of supervised release, because she is likely to be deported after her imprisonment. She also argues that the supervised‐release condition confining her to the district where she is being supervised is flawed because the condition contains no scienter requirement. Finally, she asserts that the court’s written judgment conflicts with its oral pronouncement of this condition.

While we find that Gawron’s first two arguments lack merit, her argument about scienter would have warranted relief if she had properly preserved it. As for the third, we agree with both parties that the written judgment must be amended to conform to the court’s oral pronouncement.

Gawron’s final point is uncontroversial: she asks that the condition in the written judgment be corrected to include the definition of “jurisdiction” as “federal judicial district,” thus conforming to the court’s oral pronouncement from the bench. The government agrees that the condition as stated orally is proper and so it must be given effect.

We therefore modify the judgment to conform to the court’s oral pronouncement defining the term “jurisdiction” as “judicial district,” see United States v. Smith, 906 F.3d 645, 651 (7th Cir. 2018), and AFFIRM it as modified.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.