USA v. Keith Matthews, No. 22-3021 (D.C. Cir. 2022)
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After Appellant violated his supervised release conditions, the district court placed him in home detention and later imposed a revocation sentence of imprisonment and a new term of supervised release. Appellant contends that the court lacked the authority to impose both home detention and imprisonment for the same violations, but he waived this argument below. Appellant also contended that the court’s written judgment improperly contains various discretionary conditions of supervised release that were not orally pronounced at sentencing.
The DC Circuit affirmed Appellant’s term of imprisonment. Because the written judgment contains discretionary release conditions that were not orally pronounced at sentencing, the court remanded for the district court to conform the written judgment to the orally pronounced one (plus the unchallenged mandatory conditions. In so doing, the court wrote it does not disturb the district court’s independent authority to prospectively modify Appellant’s release conditions under section 3583(e)(2).
The court issued a subsequent related opinion or order on November 29, 2022.
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