United States v. Hudson

Hudson pleaded guilty to possession of a firearm by a convicted felon. The Seventh Circuit corrected two conditions of supervised release, holding that resentencing was not required. Hudson's presentence investigation report included several potential conditions of supervised release, with radio buttons recommending conditions: “you shall refrain from any or excessive use of alcohol (defined as having a blood alcohol concentration greater than 0.08%).” Hudson’s attorney did not object. The corresponding condition in the subsequent written judgment differed from the PSR, failing to check the definitional box. A condition prohibiting “excessive” alcohol use, without definition, is impermissibly vague. The Seventh Circuit described the situation as “an obvious scrivener’s error” because nothing indicated the judge intended to deviate from that definition. The district court also stated, “Once Mr. Hudson is released from custody, he will be directed to remain within the jurisdiction in which he is being supervised, unless he is granted permission to leave.” Hudson’s attorney requested the condition include Indiana, where Hudson’s wife lives. The court agreed, but the written judgment simply states, “you shall remain within the jurisdiction where you are being supervised unless granted permission to leave.” The Seventh Circuit stated that the better term to use in this condition is “judicial district,” rather than “jurisdiction” and that the failure to include the district in which Hudson’s wife resides was another obvious technical oversight. An oral sentence controls over a written one whenever the two conflict. View "United States v. Hudson" on Justia Law