In the United States Court of Appeals For the Seventh Circuit ____________________ No. 18‐2608 UNITED STATES OF AMERICA, Plaintiff‐Appellee, v. IZABELA GAWRON, Defendant‐Appellant. ____________________ Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 15 CR 188‐8 — John Z. Lee, Judge. ____________________ ARGUED JUNE 12, 2019 — DECIDED JULY 3, 2019 ____________________ Before WOOD, Chief Judge, and BARRETT and ST. EVE, Circuit Judges. WOOD, Chief Judge. Izabela Gawron is a citizen of Poland, but she has lived in the United States for the last 17 years. She became mixed up in a complex scheme that landed her in fed‐ eral court facing charges of wire fraud. Once there, she pleaded guilty to one count and was sentenced to 12 months and one day in prison, and two years of supervised release. Her appeal focuses on the latter part of the sentence: she 2 No. 18‐2608 contends that the district court erred by imposing any term of supervised release, because she is likely to be deported after her imprisonment. She also argues that the supervised‐release condition confining her to the district where she is being su‐ pervised is flawed because the condition contains no scienter requirement. Finally, she asserts that the court’s written judg‐ ment conflicts with its oral pronouncement of this condition. While we find that Gawron’s first two arguments lack merit, her argument about scienter would have warranted re‐ lief if she had properly preserved it. As for the third, we agree with both parties that the written judgment must be amended to conform to the court’s oral pronouncement. I Gawron and her husband, Kazimierz Motyka, were two members of a credit‐card fraud scheme. They provided their personal information to another person, who then misrepre‐ sented their income to obtain credit cards in their names. Equipped with the cards, Gawron and Motyka then made purchases (including two luxury cars) without intending to pay the credit‐card bills. They created two new corporations with a mobile payment processing terminal and swiped other participants’ credit cards through the terminal. When they could not repay their debts, they declared bankruptcy. Both were indicted, and Gawron eventually pleaded guilty to one count of wire fraud in violation of 18 U.S.C. § 1343. Using the 2016 edition of the Sentencing Guidelines, which was effective from November 1, 2016, to November 1, 2018, the Probation Office prepared a presentence investiga‐ tion report. It calculated a Guidelines range of one to three years of supervised release but added that the court No. 18‐2608 3 “ordinarily” should not impose supervision on a defendant who would likely be removed from the country after her re‐ lease from prison. U.S.S.G. § 5D1.1(c) cmt. n.5. The PSR also recommended a discretionary condition prohibiting Gawron from leaving the “jurisdiction” where she is being supervised without permission. Gawron objected to the PSR and to two conditions of supervised release, but she did not single out either the general imposition of supervision or the condition prohibiting her ...
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