USA v. Perry, Robert (7th Cir. 2005)

Federal Circuits, 7th Cir. (May 20, 2005)

Docket number: 04-3296


Permanent Link: http://vlex.com/vid/usa-v-perry-robert-18427839
Id. vLex: VLEX-18427839

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Not to be cited per Circuit Rule 53United States Court of AppealsFor the Seventh Circuit Chicago, Illinois 60604Submitted May 19, 2005* Decided May 20, 2005BeforeHon. WILLIAM J. BAUER, Circuit JudgeHon. JOHN L. COFFEY, Circuit JudgeHon. DANIEL A. MANION, Circuit JudgeNo. 04-3296UNITED STATES OF AMERICA, Plaintiff-Appellee, Appeal from the United States District Court for the NorthernDistrict of Illinois, Eastern Divisionv. No. 03 CR 778-2ROBERT PERRY, Defendant-Appellant.Samuel Der-Yeghiayan, Judge.O R D E RRobert Perry pleaded guilty to robbery affecting interstate commerce and two counts of bank robbery and was sentenced to 180 months§ 4B1.1. The court also declared, however, that it would impose the same sentence § 3583(d); United States v. Bonanno, 146 F.3d 502, 510-11 (7th Cir. 1998); United States v. Vega, 298 F.3d 149, 154 (1st Cir. 2005). Although Perry never objected in the district court to the drug test requirement (thusrendering our review only for plain error), an inappropriate delegation of judicial authority to the probation department may constitute plain error. United States v. Mohammad, 53 F.3d 1426, 1438 (7th Cir. 1995); Vega, 298 F.3d at 154. And regardless, the government has conceded that the district court plainly erred in imposing this condition. Therefore a remand is necessary for the district court to clarify the testing requirements to which Perry will be subject.Accordingly, we REMAND in order that the judge may determine the specific number of drug tests that Perry will be subject to while on supervised release. On all other issues, we AFFIRM.

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