Background
Dennis McKay pleaded guilty to Hobbs Act robbery and discharging a firearm in connection with a crime of violence. The probation office recommended a supervised release condition requiring McKay to notify third parties if a probation officer determined he posed a risk. McKay did not object to this condition in his written sentencing memorandum but stated during the hearing that it was unwarranted because there was no consistent threat of violence. The district court imposed the condition but noted it would change it if the probation officer abused the requirement.
The court’s reasoning
The court first addressed whether McKay waived his arguments by failing to object initially. It concluded that defense counsel’s statement that the condition was unwarranted constituted an adequate objection. Citing Yee versus City of Escondido, the court held that once a claim is properly presented, a party may make any argument in support of that claim. On the merits, the court found the condition unconstitutionally vague because it failed to define what risk means or which persons must be notified. The court noted that it has previously vacated similar conditions in other cases.
We conclude that defendant lodged an adequate objection to the condition by saying on the record that it was unwarranted.
United States v. McKay, No. 24-2015 (7th Cir. May 20, 2026)
What it means going forward
Probation offices in the Seventh Circuit must recommend notification conditions in concrete terms if they deem them warranted. The district court must reconsider the scope and necessity of the condition on remand.
Podcast (federal-narrative-summaries): Play in new window | Download