United States v. Vaquera-Juanes, 2011 U.S. App. LEXIS 8437

Vaquera-Juanes was charged by one-count indictment with attempted illegal reentry after deportation and pleaded guilty to 8 U.S.C. § 1326.
District court sentenced Vaquera-Juanes to 49 months in prison followed by two years of supervised release.
A standard supervised release condition required notifying third parties of risks from his criminal history, which is treated as an occupational restriction absent § 5F1.5 findings.
Vaquera-Juanes argued, post-judgment, that the condition imposed without 5F1.5 findings violated Souser, but he did not object at sentencing.
The PSR showed a Category V criminal history with eleven points and an advisory guideline range of 70–87 months; the court downwardly variance to 49 months and two years’ supervised release.
The government contends the appeal is unripe for review, while Vaquera-Juanes seeks review of the supervised release condition as a final judgment matter.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the occupational restriction was properly imposed without 5F1.5 findings	Vaquera-Juanes (Souser)	Vaquera-Juanes	Dismissed on prudential ripeness grounds; not reviewable now
Whether the appeal is ripe for review given Vaquera-Juanes’ removable-alien status	Government	Vaquera-Juanes	Prudential ripeness requires dismissal; no practical effect during supervision

United States v. Souser, 405 F.3d 1162 (10th Cir. 2005) (occupational restriction requires 5F1.5 findings before imposition)
United States v. White, 244 F.3d 1199 (10th Cir. 2001) (prudential ripeness for supervised-release challenges in criminal cases)
United States v. Wayne, 591 F.3d 1326 (10th Cir. 2010) (ripe review when challenged conditions may lead to reincarceration)
United States v. Mike, 632 F.3d 686 (10th Cir. 2011) (plain error standard for failures not raised below)
Abbott Labs. v. Gardner, 387 U.S. 136 (1967) (framework for ripeness: fitness and hardship)