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United States v. Dodds

United States Court of Appeals, Seventh Circuit

January 13, 2020

United States of America, Plain tiff-Appellee,
v.
William Anthony Dodds, Defendan t-Appellant.

          Argued November 13, 2019

          Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:17-CR-00574(1) - Manish S. Shah, Judge.

          Before Bauer, Brennan, and Scudder, Circuit Judges.

          PER CURIAM.

         William Dodds appeals several conditions of supervised release imposed as part of his sentence for passport fraud, in violation of 18 U.S.C. § 1542. Dodds contends the challenged conditions are either unconstitutionally vague or lack adequate justification. But in the district court, he objected to only one of the proposed conditions and affirmatively waived any challenge to the rest. While the written judgment must be modified to conform one condition to the oral pronouncement, in all other respects it is correct, so we modify the written judgment and affirm the judgment as modified.

         I. BACKGROUND

         Dodds applied for a United States passport using his brother's name, birthdate, and social security number in place of his own because he was restricted from traveling as a condition of probation. He pleaded guilty to making a false statement in application for a passport for his own use, 18 U.S.C. § 1542, pursuant to a written plea agreement. He reserved the right to appeal the validity of his plea and the sentence imposed.

         In its Presentence Investigation Report (PSR), the Probation Office recommended a series of supervised-release conditions, including:

Discretionary Condition #7: you shall refrain from □ any or IS excessive use of alcohol (defined as having a blood alcohol concentration greater than 0.08%; or []);
Discretionary Condition #14: you shall remain within the jurisdiction where you are being supervised, unless granted permission to leave by the court or a probation officer;
Discretionary Condition #16: you shall permit a probation officer to visit you at [various places including] work;
Discretionary alternative Condition #23: You shall submit your person, property, house, residence, vehicle, papers [computers as (defined in 18 U.S.C. 1030(e)(1)), other electronic communications or data storage devices or media, ] or office, to a search conducted by a United States Probation Officer(s). Failure to submit to a search may be grounds for revocation of release. You shall warn any other occupants that the premises may be subject to searches pursuant to this condition.
An officer(s) may conduct a search pursuant to this condition only when reasonable suspicion exists that the defendant has violated a condition of his supervision and that the areas to be searched contain evidence of this violation. Any search must be conducted at a reasonable time and in a reasonable manner.
• Special Condition #3: You shall, if unemployed after the first 60 days of supervision, or if unemployed for 60 days after termination or lay-off from employment, perform at least 20 hours of community service per week at the direction of the U.S. Probation Office until gainfully ...

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