Background
Jayden Douglas Richard Vacchino pleaded guilty to transporting a minor interstate with intent to engage in criminal sexual conduct. At sentencing, the district court orally imposed a prison term, supervised release, fines, and a recommendation for sex counseling treatment. The written judgment included additional supervised release conditions and omitted the counseling recommendation.
The court’s reasoning
The court applied a two-step inquiry to determine if conditions required oral pronouncement. It found that mandatory conditions eight and nine were consistent with the oral sentence, while mandatory condition ten conflicted with the oral pronouncement and was vacated. Regarding special conditions, the court found the oral reference to sex offender conditions ambiguous but consistent with the written judgment’s intent. Finally, the court ruled the omission of the counseling recommendation was a clerical error requiring correction.
We VACATE the judgment in part, AFFIRM it in part, and REMAND for further proceedings.
What it means going forward
The written judgment must be modified to remove mandatory condition ten and to add the sex counseling treatment recommendation. All other supervised release conditions remain in effect.
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