United States v. Smith, No. 16-3575 (7th Cir. 2018)
Annotate this Case
Defendant appealed two discretionary conditions of his supervised release after pleading guilty to two counts of filing fraudulent federal tax returns. The first condition prohibited "excessive use" of alcohol and the second condition obligated defendant to submit to visits from his probation officer at any reasonable time.
The Seventh Circuit held that defendant waived his challenge to the visitation condition where his counsel had previously told the district court that the condition was reasonable. In regard to the alcohol condition, the court held that, although the district court procedurally erred by failing to mention the objective benchmark in the district court's oral pronouncement of the sentence or later in its written judgment, the error could be fixed and remand was unnecessary. Accordingly, the court affirmed defendant's sentence.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.