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United States v. Hull

United States Court of Appeals, Tenth Circuit

June 26, 2018

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
KEITH HOWARD HULL, Defendant-Appellant.

          APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO (D.C. NO. 1:16-CR-00297-PAB-1)

         Submitted on the briefs:[*]

          Virginia L. Grady, Federal Public Defender, and Veronica S. Rossman, Assistant Federal Public Defender, Denver, Colorado, on the briefs for Appellant.

          Robert C. Troyer, Acting United States Attorney, and J. Bishop Grewell, Assistant United States Attorney, Denver, Colorado, on the brief for Appellee.

          Before TYMKOVICH, Chief Judge, MURPHY, and McHUGH, Circuit Judges.

          MURPHY, Circuit Judge.

         I. Introduction

         Defendant-Appellant 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.

         II. Background

         Hull 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 as follows:

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).

         At the 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."

         III. ...


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