Submitted: December 11, 2017
from United States District Court for the Northern District
of Iowa - Cedar Rapids
WOLLMAN, LOKEN, and MELLOY, Circuit Judges.
MELLOY, Circuit Judge.
Lawrence Glover appeals a special condition of supervised
release imposed as part of a revocation sentence. The special
condition prohibits Glover from having contact with his
fiancée, Myesha Watkins, who is the mother of his
child. We vacate the special condition.
September 2011, Glover was sentenced to 71 months'
imprisonment and 5 years' supervised release for
distributing cocaine base. The district court later reduced
his term of imprisonment to 60 months. In November 2015, he
began serving his term of supervised release. In October
2016, he was arrested for unlawfully possessing marijuana
packaged for delivery and interfering with official acts.
in part on these acts, the district court found him in
violation of the terms of his supervised release. The
district court imposed a revocation sentence of 8 months'
imprisonment and 4 years' supervised release, with the
new special condition that he not have contact with Watkins.
We recount the details of events leading to his 2016 arrest
as relevant to the challenged condition of supervised
Rapids police officer noticed a van without license plates
and began pursuit. A car between the officer and the van
appeared to be trailing the van, but turned onto a different
street, and the officer continued following the van. After
the van pulled into a driveway, the officer pulled in
directly behind the van, blocking the driveway.
approaching the van on foot, the officer and her partner
smelled raw marijuana. Another officer arrived and also
smelled raw marijuana. Eventually, officers asked Glover to
exit his van, and they attempted to place him in the back of
a squad car. When officers opened the door to the squad car,
however, Glover escaped on foot.
officers captured Glover several blocks away. Upon searching
the van, officers discovered a mason jar holding a small
quantity of marijuana packaged in seven bags worth an
estimated total of $140. In addition, a later search of his
home revealed $3, 800 in bundled cash, identification
materials belonging to another person, evidence showing that
he had repeatedly traveled outside the district in violation
of his supervised release, a baggie fragment containing three
Lorazepam tablets not prescribed to him, and an abundance of
possibly stolen clothes still bearing store tags. Glover
shared the home with Watkins.
Glover's revocation hearing, an officer testified that
the car that had initially been between the squad car and the
van was a "trailing car." According to the officer,
a trailing car will often follow a lead car carrying drugs,
guns, or cash so that the trailing car can prevent police
from apprehending the lead car. Typically, the trailing car
will physically block the police, perform a blatant traffic
violation, or employ other means to draw police away.
same officer testified that, during a recorded phone call
after Glover's arrest, Glover and Watkins discussed the
driver of the trailing vehicle. Neither the recording of the
phone call nor a transcript of the recording were introduced
at the hearing. The officer testified about the call as
Q. And can you tell me what you heard during that
conversation with the defendant ...