September 12, 2019
from the United States District Court for the Northern
District of Illinois, Eastern Division. No. 1:17-cr-00367-1 -
John J. Tharp, Jr., Judge.
Flaum, Easterbrook, and Manion, Circuit Judges.
Collins appeals several conditions he must abide by while on
supervised release. The first condition he challenges
requires him to stay in the "jurisdiction, " but
the district court's written judgment does not match its
oral pronouncement of the condition and its definition at
sentencing. Collins did not object to the other two
conditions he now disputes when the district court gave him
the opportunity to; rather, he agreed to them, therefore
waiving his arguments on appeal. Accordingly, we affirm the
district court's judgment in all respects except for its
use of the word "jurisdiction" in its written
judgment. With respect to that condition, we remand with
instructions for the district court to amend its written
judgment to substitute the term "federal judicial
district" for the word "jurisdiction."
Cordell Collins and others engaged in a scheme to defraud
several banks through the submission of stolen and altered
checks. The scheme netted Collins and his coconspirators $93,
215.50. On May 11, 2018, Collins pleaded guilty to one count
of bank fraud in violation of 18 U.S.C. § 1344.
to this appeal, the U.S. Probation Office prepared a
presentence investigation report ("PSR") noting in
part that Collins was eligible for up to five years of
supervised release. The PSR recommended myriad conditions for
Collins to follow, including: (i) a discretionary condition
requiring Collins to remain in the "jurisdiction"
where he would be supervised, unless granted permission to
leave by the court or a probation officer (the
"Jurisdiction Condition"); (ii) a discretionary
condition allowing a probation officer to visit him at work
at "any reasonable time" (the "Visitation
Condition"); and (iii) a special condition requiring
Collins to "perform at least 20 hours of community
service per week at the direction of the U.S. Probation
Office until gainfully employed, " not to exceed 200
hours of service in total (the "Community Service
to sentencing, Collins filed a memorandum objecting to
several issues not contested in this appeal. Notably,
however, his memorandum did not dispute any of the conditions
of supervised release proposed in the PSR.
sentencing hearing on September 11, 2018, the district court
reviewed the PSR and imposed a sentence of 55 months'
imprisonment followed by five years of supervised release.
With respect to conditions of supervised release, the parties
and the court engaged in the following colloquy:
THE COURT: There were no objections, I believe, to the terms
and conditions of supervised release that were recommended?
THE DEFENSE: No, Judge.
THE COURT: All right. Then without objection, I am going to
impose the terms and conditions of supervised release that
are set forth in the presentence investigation report.
requested that the court read the conditions of supervised
release, which it did. Important ...