Napier

Background

Napier was the executive director of two nonprofit organi- zations that received federal grants. His activities in connec- tion with these grants led to an indictment charging him with three counts of fraudulently obtaining, converting, and misap- plying federal funds in violation of 18 U.S.C. § 666(a)(1)(A). Napier agreed to plead guilty to count three. In turn, the gov- ernment dismissed counts one and two. The district court sen- tenced him to nine months in prison and three years of supervised release. Relying on the facts of loss relating to all 11588 UNITED STATES v. NAPIER three counts, the district court ordered Napier to pay $104,000 in restitution.

At the sentencing hearing, the district court explained the terms of Napier’s supervised release:

I’m going to impose a term of three years supervised release upon your release from incarceration. . . . The terms and conditions of final release will be pro- vided in a final judgment in this case, and they may be modified from time to time while you are under supervised release . . . Now, I’m not going to set forth all the terms and conditions. Those terms and conditions will be set forth in the…