United States v. Givens, No. 16-4198 (7th Cir. 2017)Annotate this Case
Givens pleaded guilty to three counts of possession of a controlled substance with intent to distribute, 21 U.S.C. 841(a)(1), and one count of conspiracy to distribute cocaine, 21 U.S.C. 846. His Presentence Investigation Report calculated Givens’ total offense level at 37, with a criminal history category of IV, resulting in a Sentencing Guidelines range of 292-365 months’ imprisonment, followed by supervised release. Givens made several objections. The court sentenced Givens to 186 months imprisonment followed by five years of supervised release. The Seventh Circuit affirmed in part and remanded, rejecting arguments that the court erred by imposing a supervised release condition prohibiting him from traveling outside the jurisdiction without permission without including a condition that any violation be committed “knowingly,” and that the written judgment’s inclusion of a $400 special assessment was error because the court failed to include it in its oral pronouncement of his sentence. While the written judgment failed to define “excessive use of alcohol,” the court orally defined the term as having a blood alcohol concentration of greater than .08 percent. The court’s oral definition controls over the written judgment, which can be corrected on remand.