United States v. Brave, No. 10-2384 (8th Cir. 2011)
Annotate this CaseAppellant pled guilty to aiding and abetting the abuse of a minor where, as part of her plea agreement, appellant admitted that she had failed to respond to an incident of sexual abuse involving her partner and one of her children, as well as allowed all of her underage children to drink and be exposed to drug use. At issue was whether the written version of Special Condition 7 in her probationary sentence was invalid to the extent it imposed greater restrictions on her than the oral version pronounced at sentencing and whether Special Condition 7 unconstitutionally restricted her parental rights. The court vacated the phrase "or contact her children in any manner" from the written Special Condition 7 and ordered the district court to amend the written Special Condition 7 to conform with the oral pronouncement because the oral pronouncement was the judgment of the court. The court enforced appellant's appeal waiver where she did not claim that Special Condition 7 constituted a miscarriage of justice because it was based on a constitutionally impermissible factor. The court concluded that the district court acted well within its discretion in imposing conditions that allowed the probation officer to monitor appellant's contact with the victim and her ability to reside with her other children. Accordingly, appellant's appeal was otherwise barred by her appeal waiver and dismissed.
Court Description: Criminal case - Sentencing. Provision of defendant's supervised release expanded the scope of the oral judgment, and the condition is amended to conform with the oral pronouncement; defendant's appeal waiver covered her challenge to the merits of the oral condition, and that portion of the appeal is dismissed; even if the court were to consider the matter, the district court acted well within its authority in imposing conditions that allowed the probation office to monitor defendant's contact with the child victim and her ability to reside with her other children.
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