Second Circuit – Sentencing: United States v. Lewis

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United States Court of Appeals for the Second Circuit

Sentencing —Special conditions and oral recitation

United States v. Lewis

24-504

Judges Sullivan, Menashi, and Kahn

Background: The defendant appealed from her conviction of two counts of conspiracy to commit wire fraud in connection with a COVID-19 relief program, an unemployment insurance program, and the New York City Housing Authority. She was sentenced to 36  months in prison, followed by three years of supervised release, and ordered forfeiture and restitution. On appeal, the defendant argues that the court erred by failing to orally pronounce the special conditions for the term of supervised release, failed to explain the reasons for those conditions, and imposed an overly broad electronic search condition.

Ruling: The Second Circuit affirmed. The court held that when a defendant declines the court’s invitation to read aloud a condition of supervised release referenced in the presentence investigation report, the defendant waives any argument on appeal that the court failed to orally pronounce that condition. At the sentencing hearing the district court specifically asked the parties if they wished the court to read aloud the special conditions, to which they replied, “No.”

Colleen P. Cassidy, of Federal Defenders of New York, for the defendant-appellant; Michael D. Neff and James Ligtenberg, assistant United States attorneys, for the appellee.