United States v. Gawron

Gawron, a Polish citizen who has lived in the U.S. for 17 years, and her husband, Motyka, were involved in an elaborate credit card fraud scheme. Gawron pleaded guilty to wire fraud, 18 U.S.C. 1343. The presentence investigation report noted that the court “ordinarily” should not impose supervision on a defendant who would likely be removed from the country after her release from prison, U.S.S.G. 5D1.1(c) but recommended a discretionary condition prohibiting Gawron from leaving the “jurisdiction” where she is being supervised without permission. Gawron objected to other conditions of supervised release, but did not argue that supervised release should be skipped because of her likely removal, nor did she contest the condition restricting her movement. Gawron’s counsel stated that immigration proceedings had started and that her deportation was likely. The court imposed a below-Guidelines prison sentence of 12 months and one day, with two years of supervision. The court granted Gawron’s request to delay reporting to prison until Motyka’s release, for the sake of their children. In the meantime, Gawron would be subject to the conditions of her pretrial supervision. The Seventh Circuit affirmed, rejecting a challenge to the imposition of any term of supervised release because she is likely to be deported after her imprisonment. Her argument that the condition confining her to the district where she is being supervised is flawed for containing no scienter requirement would have warranted relief if she had properly preserved it. View "United States v. Gawron" on Justia Law