2024 Supreme(US)(ca2) 203
COURT OF APPEALS FOR THE SECOND CIRCUIT
United States – Appellant
Versus
Sims – Respondent
25 Before: CALABRESI, PÉREZ, and NATHAN, Circuit Judges. 26 On appeal from a sentencing judgment entered in the United States District 27 Court for the Northern District of New York (D’Agostino, J.). 28 29 Defendant-Appellant Dewey K. Sims pleaded guilty to possessing a firearm 30 after a prior felony conviction, in violation of 18 U.S.C. § 922(g). The district court 31 imposed a term of imprisonment followed by a term of supervised release, subject 32 to, as relevant here, a special condition that prohibited Sims from associating with 33 “any member, associate, or prospect of the Jungle Junkies, or any other criminal 34 gang, club, or organization.” Appellant’s App’x at 92. On appeal, Sims challenges 1 the condition as: (1) lacking support for its imposition from the district court or the 2 record itself; and (2) impermissibly overbroad and vague. We agree that neither 3 the district court’s comments during the sentencing hearing nor the record show 4 that it fulfilled the requirements necessary to impose the special condition of 5 supervised release in question. For that reason, we vacate the condition and 6 remand for the limited purpose of permitting the district court to further explain 7 its reasoning or develop the record as needed. 8 9 VACATED IN PART AND REMANDED. 10 11 12 James P. Egan, Assistant Federal Public Defender, 13 Federal Public Defender’s Office, Northern District of 14 New York, Syracuse, NY, for Defendant-Appellant. 15 16 Emmet O’Hanlon, Assistant United States Attorney for 17 Carla B. Freedman, United States Attorney for the 18 Northern District of New York, Albany, NY, for Appellee. 19 20 21 MYRNA PÉREZ, Circuit Judge: 22 In this appeal, Defendant-Appellant Dewey K. Sims challenges the district 23 court’s imposition of a “special condition” 1 of supervised release prohibiting him
1 In this decision, we use the term “special conditions” to refer to the discretionary
conditions imposed by sentencing courts that are not specifically required or recommended in 18
U.S.C. § 3583 (concerning the imposition of a term of supervised release after imprisonment) or
the United States Sentencing Guidelines (the “Guidelines”). While the Guidelines technically
describe a category of “recommended” conditions as “special” because their appropriateness is
contingent on whether certain circumstances are present, we consider those recommended
conditions to be “as necessary to the administration of supervised release as the standard
conditions,” which “are presumed suitable in all cases.” United States v. Thomas,