United States v. Henry, No. 14-3810 (7th Cir. 2016)
Annotate this CaseThe defendant pleaded guilty to conspiracy to possess an illegal drug intending to distribute it, 21 U.S.C. 846, 841, and to possession of a firearm for use in his drug trafficking, 18 U.S.C. 924(c)(1)(A)(i). He was sentenced to 152 months in prison. The Seventh Circuit vacated the sentence. The court uheld the increase to the defendant’s guidelines range by two levels on the ground that he was “manager, or supervisor,” of joint drug activity with a man he had recruited to sell heroin, U.S.S.G. 3B1.1(c). However, the government conceded error in regard to supervised release. The district judge failed to make the findings required by 18 U.S.C. 3553(a) and 3583(d) to justify the length of a term of supervised release and the particular conditions and failed to state at sentencing the conditions that he was imposing. The court particularly noted that the judge did not explain why he was requiring the defendant to “permit a probation officer to visit him or her at any time at home or elsewhere and … permit confiscation of any contraband observed in plain view of the probation officer.”
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