[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 16-11454

Non-Argument Calendar

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D.C. Docket No. 3:07-cr-00054-HES-MCR-1

UNITED STATES OF AMERICA, 

 Plaintiff-Appellee,

versus

TROY SLAY, 

 Defendant-Appellant.

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Appeal from the United States District Court

for the Middle District of Florida

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(March 3, 2017)

Before MARTIN, JORDAN, and ROSENBAUM, Circuit Judges.

PER CURIAM: 

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Troy Slay appeals the denial of his 18 U.S.C. § 3583(e)(2) motion to modify 

the conditions of his supervised release. Slay asked the court to delete the special 

condition that he not incur new credit charges, open new lines of credit, or make 

any new major purchases without the approval of his probation officer. This 

condition was imposed after he pleaded guilty to one count of possession of 500 

grams of cocaine with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1), 

841(b)(1)(B). Slay argues on appeal that the district court erred because it failed to 

consider the 18 U.S.C. § 3553(a) factors in denying his motion and did not respond

to the points raised in his motion.

We review a district court’s denial of a motion to modify conditions of 

supervised release for abuse of discretion. See United States v. Serrapio, 754 F.3d 

1312, 1318 (11th Cir. 2014) (reviewing the modification of conditions of probation 

under 18 U.S.C. § 3563(c) for abuse of discretion); see also United States v. 

McClamma, 613 F. App’x 846, 848 (11th Cir. 2015) (per curiam). This standard 

of review recognizes the range of possible conclusions that a district court may 

reach, and “we must affirm unless we find that the district court has made a clear 

error of judgment, or has applied the wrong legal standard.” United States v. 

Frazier, 387 F.3d 1244, 1259 (11th Cir. 2004) (en banc).

Under 18 U.S.C. § 3583(e)(2), a district court may, after considering the 

factors set forth in § 3553(a), “modify, reduce, or enlarge the conditions of 

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supervised release, at any time prior to the expiration or termination of the term of 

supervised release.” 18 U.S.C. § 3583(e)(2). After careful review of the record, 

we conclude that the district court made a clear error of judgment, and therefore 

abused its discretion. See Frazier, 387 F.3d at 1259.

Slay’s motion before the district court was unopposed. Both Slay and the 

government agreed they knew of no reason why this condition was included at 

sentencing for a drug crime. Indeed, as the Guidelines point out, this special 

condition is usually imposed when a defendant has special debt obligations like a 

restitution payment or fine being paid through an installment schedule. See USSG 

§ 5D1.3(d)(2). In his motion, Slay explained that since his release from prison, he 

had secured employment as a Sales Representative with B&B Outdoor 

Advertisement/Daily Billboards Company. His responsibilities in this role 

included facilitating sales, making calls, and setting up events including sales 

luncheons, client briefing, client entertainment, and the like. Slay said in his 

motion that his special release condition “hinder[ed] his ability to perform at work” 

because he had to pay for many of these expenses out-of-pocket and then submit 

his expenses to the company for reimbursement. Attached to his motion was an 

email from Jessica Miner, the President of B&B Outdoor Advertisement. She 

confirmed to the court that Slay had received employment with the company and 

detailed his job responsibilities, pay structure, and benefits. She also confirmed 

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that Slay’s responsibilities included paying for many client events out-of-pocket 

which require up to two weeks for reimbursement. She estimated these expenses 

varied between $50 and $500 per day depending on the event.

Nonetheless, the district court summarily denied Slay’s unopposed motion

saying only: “The special condition does not forbid or prohibit Defendant’s use of 

credit; rather, his use of credit simply requires prior approval of his probation 

officer.” This explanation is not sufficient. Although the district court was not 

required to “articulate the applicability of each [§ 3553(a)] factor” in reaching its 

determination, “if it is not possible to determine from the record whether the 

district court considered the § 3553(a) factors, we must vacate and remand the case 

to the district court.” United States v. Douglas, 576 F.3d 1216, 1219 (11th Cir. 

2009) (per curiam) (quotation omitted). And like Douglas, “the form order . . . 

does not mention the § 3553(a) factors at all.” Id.

Neither did the district court respond to the points raised by Slay in his 

motion. The purpose of special release conditions is to facilitate the transition of 

offenders back into the community. See United States v. Johnson, 529 U.S. 53, 

55–59, 120 S. Ct. 1114, 1117–19 (2000) (describing the aims of supervised release 

as “assist[ing] convicted felons in their transitions to community life” and 

“fulfill[ing] rehabilitative ends, distinct from those served by incarceration”); see 

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also USSG § 5D1.3(b) (describing the district court’s considerations at 

sentencing). 

As Slay points out, the special condition at issue requires that he receive 

approval not only before opening a new line of credit, but also each time he 

“incur[s] new credit charges.” That means every time Slay needs to pay for a 

client luncheon, pay for a meeting space, or even fill up his car with gas to drive 

between clients, he must first receive his probation officer’s approval or pay cash 

and wait for the reimbursement. Incurring as much as $500 each day that may not 

be reimbursed for two weeks is a significant burden to impose on someone simply 

carrying out his job duties.

Slay is doing exactly what we want convicted felons to do after they have 

served their time. He has a good job with benefits and a manager who is 

supportive of him. As Slay points out, it is quite difficult for ex-offenders to find 

jobs, let alone good ones. And his request to remove the special condition was not 

opposed by the government or the probation office when he filed it with the district 

court. Based on this record, the district court’s summary explanation was not 

sufficient to deny Slay’s motion. This is particularly so because granting Slay’s 

motion would still allow his probation officer to monitor his finances. Another of 

Slay’s special conditions requires he “provide the probation officer access to any 

requested financial information.” Thus, his credit charges could be regularly

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monitored without hindering his job performance. Based on the district court’s 

limited explanation, we conclude it abused its discretion because it failed to 

address the § 3553(a) factors and did not explain how the special condition served 

a rehabilitative purpose for Slay. As a result, we vacate the district court’s order 

and remand for it to rule on Slay’s motion to modify the conditions of his 

supervised release, in a way consistent with this opinion.

VACATED AND REMANDED.

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