United States v. Strobel, No. 20-1092 (7th Cir. 2021)Annotate this Case
Ashland, Wisconsin police found Strobel passed out in his car beside of the road. A search of Strobel’s vehicle uncovered methamphetamine and resulted in state drug charges. Months later, Ashland police again found Strobel passed out in his car in a parking lot. A search of his car uncovered a firearm, marijuana, and paraphernalia. At the time, Strobel was out on bail. Strobel pleaded guilty to unlawful possession of a firearm, 18 U.S.C. 922(g)(1),. At his sentencing hearing, he raised no objections to the conditions of supervised release proposed in the PSR and waived a full reading of those conditions. The court nevertheless discussed some aspects of the conditions, then imposed explicitly the term of supervised release but neglected to impose explicitly the conditions of supervised release. Later, the court issued its written judgment, which included all the conditions of supervised release recommended by the PSR.
Strobel argued that the court’s failure to impose explicitly the conditions of supervised release during the sentencing hearing renders the written judgment inconsistent with the court’s oral pronouncement, requiring the vacation of his sentence and remand for a complete resentencing. The Seventh Circuit affirmed his below-guidelines sentence of one year and one day, to run consecutively with Strobel’s state sentence, finding no impermissible inconsistency between the court’s oral pronouncement and its written judgment.