USA v. Devon Urbigkeit

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-14044
Non-Argument Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DEVON GILBERT URBIGKEIT,
a.k.a. Devon Yates
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:21-cr-00059-SCB-JSS-1
USCA11 Case: 22-14044 Document: 75-1 Date Filed: 05/16/2024 Page: 1 of 2

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2 Opinion of the Court 22-14044
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Before NEWSOM , BRASHER , and ANDERSON, Circuit Judges.
PER CURIAM:
Devon Urbigkeit pleaded guilty to passport forgery and
counterfeiting. The district court sentenced him to serve 18
months in prison and 3 years of supervised release. As to the latter,
the court imposed 13 discretionary conditions of supervised re-
lease. The court did not announce those 13 conditions at the sen-
tencing hearing but included them for the first time in Urbigkeit’s
written judgment.
Urbigkeit challenges those 13 conditions, claiming that the
court erred by imposing those conditions without announcing
them at the sentencing hearing. The United States concedes that
the district court committed an error. We agree. See United States v.
Rodriguez, 75 F.4th 1231, 1246 n.5 (11th Cir. 2023). Accordingly, we
must vacate those 13 conditions and remand this case for resentenc-
ing.
The government also asks to withdraw a previously filed
motion to dismiss this appeal.
We GRANT the Motion to Withdraw and DENY AS
MOOT the “Motion to Dismiss Appeal Based on Waiver in Plea
Agreement.” We VACATE Urgibkeit’s sentence of supervised re-
lease and remand for further proceedings consistent with this opin-
ion.
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