In prosecution on charge of conspiracy to receive seven firearms from out-of-state without necessary licenses, Dist. Ct. erred in imposing as condition of supervised release, requirement that defendant allow probation officers to search his person, property, home, vehicle papers and computers. Dist. Ct. failed to explain why said condition should be imposed, where Dist. Ct. had also imposed similar search condition that would allow probation officer to visit defendant’s home or other location to make superficial inspection. Ct. further observed that it was not apparent why instant condition that was appropriate for computer-mediated offenses was appropriate for defendant, who illegally procured guns for street gang. Ct., however, rejected defendant’s claim that his 48-month sentence was subjectively unreasonable given defendant’s knowledge that said guns would be used by gang members for unlawful consequences.
Federal 7th Circuit Court
Criminal Court
Supervised Release