FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
COLORADO (D.C. NO. 1:16-CR-00297-PAB-1)
on the briefs:[*]
Virginia L. Grady, Federal Public Defender, and Veronica S.
Rossman, Assistant Federal Public Defender, Denver, Colorado,
on the briefs for Appellant.
C. Troyer, Acting United States Attorney, and J. Bishop
Grewell, Assistant United States Attorney, Denver, Colorado,
on the brief for Appellee.
TYMKOVICH, Chief Judge, MURPHY, and McHUGH, Circuit Judges.
MURPHY, Circuit Judge.
Keith Howard Hull challenges one of the conditions of
supervised release imposed by the district court when it
sentenced him for committing bank robbery. The condition
requires him to notify third parties of risks he may pose to
them. According to Hull, the condition is unconstitutionally
vague, an unconstitutional delegation of judicial authority,
and an unlawful occupational restriction. Exercising
jurisdiction under 18 U.S.C. § 3742(a) and 28 U.S.C.
§ 1291, we affirm Hull's sentence.
was charged by indictment with one count of bank robbery, in
violation of 18 U.S.C. § 2113(a). He pleaded guilty to
the charge and a Presentence Investigation Report
("PSR") was prepared. The PSR recommended a
sentence of seventy-seven months and a three-year term of
supervised release. The term of supervised release included
all the standard conditions adopted by the United States
District Court for the District of Colorado. Hull filed
written objections to the PSR. Relevant to the issue raised
on appeal, he objected to the recommendation that the
district court impose Standard Condition Twelve, which reads
If the probation officer determines that you pose a risk to
another person (including an organization), the probation
officer may require you to notify the person about the risk
and you must comply with that instruction. The probation
officer may contact the person and confirm that you have
notified the person about the risk.
USSG § 5D1.3(c)(12).
sentencing hearing, the district court imposed a sentence of
ninety-four months' incarceration to be followed by a
three-year term of supervised release. The court also
imposed, inter alia, Standard Condition Twelve,
stating it agreed with the probation department that it would
be appropriate for the probation department to invoke the
condition "under the right circumstances."