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United States v. Collins

United States Court of Appeals, Seventh Circuit

September 30, 2019

United States of America, Plaintiff-Appellee,
v.
Cordell Collins, also known as Unc, Defendant-Appellant.

          Argued September 12, 2019

          Appeal 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.

          Before Flaum, Easterbrook, and Manion, Circuit Judges.

          Flaum, Circuit Judge.

         Cordell 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."

         I. Background

         Defendant-appellant 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.

         Relevant 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 Condition").

         Prior 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.

         At the 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.

         Collins requested that the court read the conditions of supervised release, which it did. Important ...


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