Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: United States of America v. Jerome Ford

Case No.: 23-1830

Officials: Easterbrook, Brennan, and Jackson-Akiwumi, Circuit Judges.

Focus: Sentencing Guidelines

Jerome Ford received a 96-month prison sentence for possessing a firearm despite a prior felony conviction, along with three years of supervised release. The judgment unexpectedly included a $250 fine, which had not been mentioned during sentencing or in the presentence report.

On appeal, Ford argued that the imposition of the fine was unauthorized because it had not been orally pronounced during sentencing or included in the presentence report. He requested that the fine condition be removed from the judgment. The appellate court acknowledged the general rule that in cases of conflict between oral pronouncements and written judgments in criminal proceedings, the oral pronouncement typically prevails. However, it noted an exception for conditions of supervision mandated by law, which do not require oral announcement.

Upon review, the court determined that the $250 fine was not mandated by law but was listed among the mandatory conditions in the Sentencing Guidelines. Ford contended that these guidelines ceased to be mandatory following the United States v. Booker decision, which rendered them advisory. The court clarified that while the Booker decision affected sentencing guidelines, it did not alter the status of conditions of supervised release.

Nevertheless, the court acknowledged the prosecutor’s implicit concession that the fine might not be mandatory. Therefore, the court concluded that the fine condition should be vacated. It cautioned that this decision might not necessarily benefit Ford, as statutory provisions allow for individuals who fail to pay fines to be returned to prison. Additionally, the court noted that the district judge retained the authority to add the payment condition back to the judgment if deemed appropriate.

Accordingly, the Seventh Circuit modified the district court’s judgment to eliminate the $250 fine condition imposed on Ford.

Decided 07/01/24

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