U.S. v. Kappes

Ct. of Appeals reversed and remanded three sentences, where Dist. Ct. had imposed various “standard” and “special” conditions under circumstances where Dist. Ct. either failed to articulate need for said conditions or generated conditions that were impermissibly vague or overbroad. Among such errors were: (1) imposing standard condition without making findings consistent with section 3553(a) factors; (2) requiring defendant to refrain from excessive use of alcohol where “excessive use” was not defined; (3) requiring defendant to support his dependents and meet other family obligations where defendant did not have any dependents at time of sentencing; (4) requiring defendant to notify probation officer of change in employment where condition was unclear as to whether it applied to change of jobs with same employer; (5) banning defendant from using “mood altering substances” where said phrase was not defined; and (6) banning defendant from viewing pornographic materials where ban covered material protected by 1st Amendment. Ct further recommended that defense and govt. counsel make their recommendations and/or objections to proposed conditions of supervised release in advance of sentencing hearing.