May 29, 2019
from the United States District Court for the Northern
District of Illinois, Eastern Division. No. 02 CR126 - Harry
D. Leinenweber, Judge.
Kanne, Sykes, and Brennan, Circuit Judges.
Greco spent more than a decade in prison for blowing up his
ex-girlfriend's car with a pipe bomb. In 2015 he began a
term of supervised release, and one of the conditions was
that he not break federal, state, or local law. He violated
that condition three years later when he posted threatening
Facebook messages about a second ex-girlfriend despite a
court order not to contact her. A federal judge approved a
warrant for Greco's arrest, and seven months later a
second judge revoked his supervised release and ordered a new
term of imprisonment, to be followed by a new term of
appeal Greco argues that the court lacked jurisdiction to
revoke his supervised release because the warrant wasn't
supported by probable cause. We disagree. The judge received
a report explaining how Greco had broken the terms of his
release by violating state law, and that was enough to
establish probable cause.
also challenges two of the conditions the court imposed for
his second term of supervised release. We remand with respect
to both so that the lower court can clarify several terms and
further explain its reasoning.
Greco threatened to put a pipe bomb in his
ex-girlfriend's car if she didn't pay back a debt she
owed him. She obtained a protective order, but he put the
bomb in her car anyway. The bomb exploded when she opened her
driver's side door, injuring her and destroying her car.
pleaded guilty to manufacturing and possessing an
unregistered pipe bomb in violation of 26 U.S.C. §§
5861(d) and 5861(f). At sentencing the government informed
the court that this was the third time in ten years Greco had
detonated a pipe bomb to intimidate someone who crossed him.
The court then sentenced Greco to 180 months in prison. After
that term ended on April 13, 2015, Greco was to remain on
supervised release until April 12, 2018. One condition of
that release was that he would "not commit another
federal, state or local crime."
began dating a different woman during his supervised release,
but they soon broke up. When Greco started sending her
threatening messages, she too obtained a protective order,
which prohibited him from contacting her, directly or
indirectly. Rather than stop, he created a Facebook account
under a fake name and continued to post threatening messages.
Although he didn't send the messages directly to the
ex-girlfriend, he did notify two of her friends to make sure
she got the message. The posts included graphic sexual
references and threats of violence against the ex-girlfriend
and her family. The most concerning were several thinly
veiled threats to blow up her house.
March 8, 2018, the U.S. Probation Office submitted a report
to the district court informing it of the ex-girlfriend's
protective order. Later that same day, the Schaumburg Police
Department arrested Greco for violating the order. The
Probation Office says it submitted another report the
following day, March 9, telling the court about the arrest
and requesting a warrant to transfer Greco to federal custody
after his release by state officials. But this second report
never appeared in the district court's docket until the
Probation Office tried to add it during the course of this
appeal. Greco insists that the Probation Office never
actually submitted the report at the appropriate time.
Pallmeyer was serving as the emergency district judge. She
approved the warrant on March 9, the same day the Probation
Office says it submitted the second report. That was a
Friday. But because of a clerical mistake, the warrant
didn't issue until March 12, the following Monday-a month
to the day before Greco's first term of supervised
release would have expired.
of several delays, the court did not hold a revocation
hearing until November. By that point Judge Leinen-weber was
presiding, and he found that Greco had broken a term of his
supervised release by violating the protective order. The