United States v. Downey, No. 17-3286 (7th Cir. 2018)Annotate this Case
Downey attempted to rob the Waukegan Associated Bank by approaching a teller, pointing a cap gun at her, and demanding money. When the teller and a co-employee ducked behind the counter, he left the bank. The next day, he entered TCF Bank in Waukegan holding a cap gun. After observing the number of people in the bank and that a partition separated the customer area from the teller counter, he left the bank. TCF Bank contacted the police and he was arrested a short distance away following a brief foot chase. He subsequently pled guilty to attempted bank robbery, 18 U.S.C. 2113(a) and entry of a bank with intent to commit larceny. The Seventh Circuit affirmed his sentence of 57 months’ imprisonment plus three years of supervised release, with conditions. A discretionary condition did not authorize any drug tests that would exceed the maximum number of 104 tests provided in the mandatory condition. Downey did not dispute the reasonableness of 104 tests. A discretionary condition that allowed the probation officer to visit Downey at any location specified by the probation officer contains a limitation that the location and time be “reasonable,” which adequately resolves any concern with the probation officer’s discretion.