United States v. Rivas-Estrada, No. 17-40033 (5th Cir. 2018)
Annotate this CaseWhen a defendant had no opportunity to object to special conditions (because they were unmentioned at sentencing), the Fifth Circuit reviews for abuse of discretion, and any "unpronounced" special conditions must, upon remand, be stricken from the written judgment. In this case, defendant pleaded guilty to various felony charges stemming from his meth business. The court vacated defendant's sentence and remanded for the district court to amend its written judgment by removing three unpronounced special conditions. The court held that the written judgment against defendant broadened the oral pronouncement. Because the two conflict, the oral pronouncement controlled.
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