813 F.3d 1016
7th Cir.2016Background
- Campbell bought and used another person's Social Security number to obtain a driver's license, open credit lines, and buy a vehicle; he pled guilty to one count under 42 U.S.C. § 408(a)(7)(B).
- In a written plea agreement Campbell knowingly and voluntarily waived his right to appeal his conviction and sentence, including challenges to how the sentence or offense level were calculated.
- At sentencing the district court imposed 21 months imprisonment (within the Guidelines), consecutive to a prior sentence, about $15,000 restitution, and three years of supervised release with standard and special conditions drawn from the PSR.
- Campbell immediately filed a notice of appeal challenging several supervised-release conditions as unconstitutionally vague: district travel restriction, family-support and employment requirements, limits on “excessive” alcohol use, prohibition on associating with felons, third-party notice of risk, and probation home visits.
- Campbell raised only one objection at sentencing (the meaning of “regular” employment), which the judge clarified; Campbell did not object to other conditions in the PSR and had received the PSR in advance.
- The Seventh Circuit concluded Campbell’s broad, unambiguous appellate waiver foreclosed his challenge and dismissed the appeal, noting limited, narrowly defined exceptions to enforcing waivers did not apply.
Issues
| Issue | Plaintiff's Argument (Campbell) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Whether supervised-release conditions are unconstitutionally vague | Conditions (travel, family support, employment, alcohol, associating with felons, third-party notice, visits) are vague and need remand for resentencing | The plea waiver bars appellate review of sentence and conditions; any ambiguity could be addressed at sentencing or via §3583 modification | Waiver enforced; appeal dismissed |
| Whether the appellate waiver is enforceable against constitutional or plain errors | Waiver should be excused because conditions are vague and could chill rights or be fundamentally unfair | Waiver is knowing, voluntary, clear, and covers challenges to sentence and conditions; only narrow exceptions apply | Waiver valid; no exception applies |
| Whether Adkins exception (vagueness chilling First Amendment) applies | Relies on Adkins to argue appellate review should be allowed for vague conditions analogous to Adkins | Adkins concerned restrictions on protected speech and lack of procedural opportunity to clarify; facts here differ (no speech issue, opportunities to clarify existed) | Adkins inapplicable |
| Whether procedural fairness or unorthodox practices justify ignoring the waiver | Argues conditions are unfairly vague and thus fundamental fairness requires review | No evidence of fundamentally unfair procedure or extraordinary dysfunction at sentencing; defendant had PSR and could object | No procedural-basis exception; waiver stands |
Key Cases Cited
- United States v. Smith, 759 F.3d 702 (7th Cir. 2014) (enforceability of appellate waivers and limits on appellate review)
- United States v. Quintero, 618 F.3d 746 (7th Cir. 2010) (standards for enforcing plea-agreement appeal waivers)
- United States v. Adkins, 743 F.3d 176 (7th Cir. 2014) (vacating vague supervised-release condition that chilled protected speech)
- United States v. Bownes, 405 F.3d 634 (7th Cir. 2005) (limited exceptions to appeal waivers, e.g., race, statutory maximum, fundamental unfairness, ineffective assistance)
- United States v. Kappes, 782 F.3d 828 (7th Cir. 2015) (best practices re: advance notice of potential supervised-release conditions)
- United States v. Douglas, 806 F.3d 979 (7th Cir. 2015) (defendant must raise ambiguities at sentencing to preserve claim)
