United States v. Raney
2016 U.S. App. LEXIS 21493
| 7th Cir. | 2016Background
- Kenneth Raney was convicted in 2001 of transporting a minor with intent to engage in a sexual act and attempting to manufacture child pornography; he served 145 months and began a 3‑year term of supervised release in 2012.
- During supervised release Raney committed violations (possession of a memory stick, contact with a convicted felon) and was warned; later he took unauthorized day trips with a female acquaintance and her minor children, totaling about four months of access to minors without probation officer knowledge.
- The district court revoked supervised release and imposed 9 months imprisonment plus 2 years of supervised release; this Court in Raney I vacated the sentence because the district court failed to explain the two‑year supervised‑release term.
- On remand the district court reinstated the same sentence; Raney appealed again, challenging (1) the procedural reasonableness of the two‑year supervised‑release term and (2) Condition 11 requiring notification of third parties of risks arising from his criminal record/personal history.
- The district court at resentencing discussed the original offenses, Raney’s status as a sex offender, deterrence, public protection, rehabilitation, risk of recidivism, and that it had considered Sentencing Commission policy statements.
- The government conceded Condition 11 is vague under controlling precedent but argued Raney waived objection by failing to raise it at resentencing; the Court agreed and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Procedural reasonableness of two‑year supervised release | Raney: district court again gave insufficient explanation for imposing two years | Government: district court adequately considered §3553(a) factors and Guidelines policy statements | Affirmed — court provided enough reasons showing consideration of relevant factors; term not plainly unreasonable |
| Validity of Condition 11 (third‑party notification) | Raney: condition is impermissibly vague and invalid | Government: condition is vague but Raney waived objection by not raising it at resentencing | Affirmed — court held Raney waived the challenge by failing to object at resentencing |
Key Cases Cited
- United States v. Jones, 774 F.3d 399 (7th Cir. 2014) (standard of review for supervised‑release revocation sentences)
- United States v. Carter, 408 F.3d 852 (7th Cir. 2005) (court need not make explicit findings on each §3553 factor if record shows consideration)
- United States v. Salinas, 365 F.3d 582 (7th Cir. 2004) (Sentencing Guidelines policy statements inform but do not bind revocation sentencing)
- United States v. Raney, 797 F.3d 454 (7th Cir. 2015) (Raney I) (vacated sentence for lack of explanation for supervised‑release term)
- United States v. Bickart, 825 F.3d 832 (7th Cir. 2016) (certain third‑party notification conditions are unconstitutionally vague)
- United States v. Bloch, 825 F.3d 862 (7th Cir. 2016) (waiver doctrine when defendant objects to some but not all supervised‑release conditions)
- United States v. Gabriel, 831 F.3d 811 (7th Cir. 2016) (failure to object at sentencing results in waiver on appeal)
- United States v. Armour, 804 F.3d 859 (7th Cir. 2015) (discussing knowing and intentional waiver of sentencing objections)
