United States v. Jesse Smith

HEANEY, Senior Circuit Judge.

Jesse Smith pled guilty to a charge of attempting to possess heroin with the intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 846. The district court sentenced him to fifty-one months imprisonment followed by a three-year term of supervised release. Smith now argues that the district court improperly imposed a special condition on his release. We agree, and remand this case for resentencing with respect to the special condition.

The presentence investigation report indicates that Smith may have had as many as three children at the time of sentencing…