United States v. Green, 618 F.3d 120 (2d Cir. 2010). · Go Syfert
United States v. Green, 618 F.3d 120 (2d Cir. 2010). Cases Citing This Book View Copy Cite
“the statutory background of the federal criminal law gives the phrase 'criminal street gang' provision a constitutionally sufficient foundation, and this part of the condition is therefore not unconstitutionally overbroad.”
136 citation events (136 in the last 25 years) across 10 distinct courts.
Strongest positive: United States v. Rubel (ca2, 2020-08-07)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Rubel
2d Cir. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
when the defendant does not object to the conditions . . . we review only for plain error.
examined Cited as authority (quoted) United States v. Snipe
2d Cir. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the statutory background of the federal criminal law gives the phrase 'criminal street gang' provision a constitutionally sufficient foundation, and this part of the condition is therefore not unconstitutionally overbroad.
discussed Cited as authority (rule) United States v. Butler (2×) also: Cited "see"
2d Cir. · 2026 · confidence medium
United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010).
examined Cited as authority (rule) United States v. Cooke (3×)
2d Cir. · 2026 · confidence medium
"Generally, we review conditions of supervised release for abuse of discretion." United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (per curiam).
discussed Cited as authority (rule) United States v. Minott
2d Cir. · 2026 · confidence medium
Although we “generally review the imposition of conditions of supervised release for abuse of discretion,” United States v. Robinson, 134 F.4th 104, 109 (2d Cir. 2025) (quotation marks omitted), we review for plain error where, as here, the defendant does not object to a condition before the district court, see United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010).
discussed Cited as authority (rule) United States v. Sims (2×)
2d Cir. · 2026 · confidence medium
When the defendant does not object to the conditions, however, we review only for plain error.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (citing United States v. Dupes, 513 F.3d 338 , 342–43 (2d Cir. 2008)).
discussed Cited as authority (rule) United States v. Joyner
2d Cir. · 2025 · confidence medium
We have previously upheld a special condition of supervised release that prohibited a supervisee’s association with a “criminal street gang.” United States v. Green, 618 F.3d 120, 123 (2d Cir. 2010); see also, e.g., United States v. Acosta, No. 24-965, 2025 WL 1872833 , at *3 (2d Cir. July 8, 2025), cert. denied, No. 25-5717, 2025 WL 3131947 (U.S. Nov. 10, 2025).
cited Cited as authority (rule) United States v. Woods
2d Cir. · 2025 · confidence medium
“When the defendant does not object to the 2 conditions, however, we review only for plain error.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010).
discussed Cited as authority (rule) United States v. Schloss
2d Cir. · 2025 · confidence medium
Indeed, it does not even define “gang.” However, this Court “assum[es] . . . constitutionally required limitations on the breadth of [the term] ‘association,’ including that the prohibition only limits association with gang members known to the probationer, and excludes ‘incidental contacts.’” United States v. Green, 618 F.3d 120, 123 (2d Cir. 2010) (per curiam) (citation modified) (second emphasis added).
cited Cited as authority (rule) United States v. Woods
2d Cir. · 2025 · confidence medium
“When the defendant does not object to the 2 conditions, however, we review only for plain error.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010).
discussed Cited as authority (rule) United States v. Bullock
2d Cir. · 2025 · confidence medium
“When the defendant does not object to the conditions, however, we review only for plain error.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (per curiam). 7 In the context of challenging these conditions, Bullock alludes briefly to the 20-year duration of his supervised release.
cited Cited as authority (rule) United States v. Ramos-Acevedo
2d Cir. · 2025 · confidence medium
United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010).
discussed Cited as authority (rule) United States v. Washington
2d Cir. · 2025 · confidence medium
We nevertheless address his challenge to the special conditions of supervised release, which became effective on the date of his release from federal custody, because his argument implicates the “possibility that the district court could or would impose a reduced term of supervised release were we to remand.” United States v. Chestnut, 989 F.3d 222, 225 (2d Cir. 2021) (quoting United States v. Key, 602 F.3d 492, 494 (2d Cir. 2010)). 3 Although we generally “review the imposition of conditions of supervised release for abuse of discretion,” United States v. Eaglin, 913 F.3d 88, 94 (2d C…
discussed Cited as authority (rule) United States v. Acosta
2d Cir. · 2025 · confidence medium
We have previously upheld a special condition of supervised release that prohibited association with a “criminal street gang.” United States v. Green, 618 F.3d 120, 123 (2d Cir. 2010). 7 We even noted that the special condition in Green, like the one imposed here, “used an example of a particular gang the probationer was to avoid.” Id.
cited Cited as authority (rule) United States v. Hernandez
2d Cir. · 2025 · confidence medium
United States v. Green, 618 F.3d 120, 123 (2d Cir. 2010) (quotation marks omitted); see also Oral Argument Audio Recording at 30:19–:38, 31:31–:48.
cited Cited as authority (rule) United States v. Mayhew
2d Cir. · 2025 · confidence medium
United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010).
cited Cited as authority (rule) United States v. Arguedas
2d Cir. · 2025 · confidence medium
United States v. 23 Green, 618 F.3d 120, 122 (2d Cir. 2010); see also Fed.
discussed Cited as authority (rule) United States v. Hardee
2d Cir. · 2025 · confidence medium
United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (per curiam). 6 “District courts possess broad discretion in imposing conditions of supervised release.” United States v. Betts, 886 F.3d 198, 202 (2d Cir. 2018).
discussed Cited as authority (rule) United States v. Carrington
2d Cir. · 2025 · confidence medium
Where, as here, a defendant fails to object to special conditions of supervised release contemporaneously, “we review only for plain error.” United States v. 5 Green, 618 F.3d 120, 122 (2d Cir. 2010) (per curiam).
discussed Cited as authority (rule) United States v. Hines
2d Cir. · 2024 · confidence medium
Although we generally review conditions of supervised release for abuse of discretion, “[w]hen the defendant does not object to the conditions . . . we review only for plain error.” 2 United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010).
cited Cited as authority (rule) United States v. Curry
2d Cir. · 2024 · confidence medium
United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010).
cited Cited as authority (rule) United States v. Dixon
2d Cir. · 2024 · confidence medium
When the defendant does not object to the conditions, however, we review only for plain error.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (citation omitted).
discussed Cited as authority (rule) United States v. Kyser
2d Cir. · 2024 · confidence medium
When the defendant does not object to the conditions, however, we review only for plain error.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010). 1 We have sometimes stated that, in the context of sentencing, we apply “a ‘relaxed’ form of plain error review in those rare cases in which the defendant lacked sufficient prior notice that a particular condition of supervised release might be imposed.” United States v. Matta, 777 F.3d 116, 121 (2d Cir. 2015).
discussed Cited as authority (rule) United States v. Bernard
2d Cir. · 2024 · confidence medium
Because the Presentence Report, which Bernard reviewed with counsel, recommended the challenged condition, and the full terms of the condition were made clear at the oral hearing, it cannot be said that Bernard “had no prior knowledge that [the challenged special condition] would be imposed,” Sofsky, 287 F.3d at 125 ; cf. United States v. Dupes, 513 F.3d 338 , 343 n.2 (2d Cir. 2008) (applying a relaxed form of plain error review “because the presentence report failed to give the defendant notice that the condition of supervised release might be imposed”); United States v. Green, 618 F.…
cited Cited as authority (rule) United States v. Hill
2d Cir. · 2024 · confidence medium
United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (per curiam).
discussed Cited as authority (rule) United States v. Sims
2d Cir. · 2024 · confidence medium
United States v. Green, 618 F.3d 120, 123 (2d Cir. 2010) (citation omitted); see also United States v. Floyd, 840 F. App’x 625 , 628 (2d Cir. 2021) (rejecting overbreadth challenge to non-association condition on the assumption that “the condition only limits [defendant’s] association with gang members known to him and excludes ‘incidental contacts’”).
cited Cited as authority (rule) United States v. Salazar
2d Cir. · 2023 · confidence medium
Where a defendant fails to object contemporaneously, however, "we review only for plain error." United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (per curiam).
examined Cited as authority (rule) United States v. Peterson (3×)
2d Cir. · 2023 · confidence medium
Due Process requires special conditions of supervised release to “be sufficiently clear to give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (citation and quotation marks omitted).
cited Cited as authority (rule) United States v. Morse
2d Cir. · 2023 · confidence medium
United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (per curiam).
discussed Cited as authority (rule) United States v. Hennelly
2d Cir. · 2022 · confidence medium
In imposing a special condition, “[a] district court is required to make an individualized assessment . . . and to state on the record the 1 Special Condition #8 provides that, “[w]hile in treatment and for the remainder of the term of supervision following completion of treatment, [Hennelly] must not view, possess, own, subscribe to or purchase any material, including pictures, videotapes, films, magazines, books, telephone services, electronic media, computer programs, or computer services that depict sexually explicit conduct, as defined in 18 U.S.C. § 2256 (2).” App’x at 106. 2 We…
cited Cited as authority (rule) United States v. Rakhmatov
2d Cir. · 2022 · confidence medium
“When the defendant does not object to the conditions, however, we 18 review only for plain error.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (per 19 curiam).
discussed Cited as authority (rule) United States v. Heriberto Batiz (2×)
2d Cir. · 2022 · confidence medium
When a defendant, as here, failed to object to challenged conditions of supervised release before the district court, “we review only for plain error.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010); Fed.
discussed Cited as authority (rule) United States v. Saglimbeni
2d Cir. · 2021 · confidence medium
Instead, she submits that this standard is “typically relaxed in the sentencing context, especially where, as here, ‘the defendant does not receive prior notice of the [supervised release] condition.’” Appellant’s Br. at 11 (alteration in original) (emphasis added) (quoting United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010)).
discussed Cited as authority (rule) United States v. Jerell Haynie
8th Cir. · 2021 · confidence medium
The Second Circuit in United States v. Green, 618 F.3d 120, 123 (2d Cir. 2010) (per curiam), reached a different conclusion as to the term “criminal street gang,” because it is cabined by a clear statutory definition in 18 U.S.C. § 521 (a).
discussed Cited as authority (rule) State Of Washington, V. I.g.g.
Wash. Ct. App. · 2021 · confidence medium
There, the Second Circuit struck down a condition prohibiting the defendant from the “wearing of colors, insignia, or obtaining tattoos or burn marks (including branding and scars) relative to [criminal street] gangs.” Green, 618 F.3d at 124 (alteration in original).
discussed Cited as authority (rule) State Of Washington, V. I.g.g.
Wash. Ct. App. · 2021 · confidence medium
There, the Second Circuit struck down a condition prohibiting the defendant from the “wearing of colors, insignia, or obtaining tattoos or burn marks (including branding and scars) relative to [criminal street] gangs.” Green, 618 F.3d at 124 (alteration in original).
discussed Cited as authority (rule) State Of Washington, V. I.g.g.
Wash. Ct. App. · 2021 · confidence medium
There, the Second Circuit struck down a condition prohibiting the defendant from the “wearing of colors, insignia, or obtaining tattoos or burn marks (including branding and scars) relative to [criminal street] gangs.” Green, 618 F.3d at 124 (alteration in original).
cited Cited as authority (rule) Peoples v. Leon
N.D.N.Y. · 2021 · confidence medium
June 6, 2016) (citing U.S. v. Green, 618 F.3d 120, 122 (2d Cir. 2010)).
cited Cited as authority (rule) United States v. Leone
2d Cir. · 2020 · confidence medium
When a defendant fails to object to the condition in the district court, we review “only for plain error.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010). 1 1.
discussed Cited as authority (rule) United States v. Marshall
2d Cir. · 2020 · confidence medium
“Due process requires that the conditions of supervised release be sufficiently clear to give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (per curiam).
cited Cited as authority (rule) United States v. Deavon Hooker
2d Cir. · 2020 · confidence medium
When the defendant does not object to the conditions, however, we review only for plain error.ʺ United 2 States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (citation omitted).
discussed Cited as authority (rule) United States v. Fuller
2d Cir. · 2020 · confidence medium
Fuller received notice of the special conditions to be imposed for the first time at the sentencing hearing, and we typically “relax the plain error standard when the defendant does not receive prior notice of the condition[s].” E.g., United States v. Green, 618 F.3d 120, 122 (2d 3 Condition”), provides in relevant part: The defendant shall also cooperate with the U.S. Probation Department’s Computer and Internet Monitoring program. [C]ooperation shall include, but not be limited to, identifying computer systems, Internet capable devices, and/or similar electronic devices the defendant…
examined Cited as authority (rule) United States v. Raymond Bowman (3×) also: Cited "see"
2d Cir. · 2019 · confidence medium
United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010).
discussed Cited as authority (rule) United States v. Laura Ann Alujayli
2d Cir. · 2019 · confidence medium
This Court, however, has applied plain error review to an unpreserved assertion that the sentence imposed “exceeds the statutory maximum,” see United States v. Rodriguez, 775 F.3d 533, 536 (2d Cir. 2014), and we abide by that precedent. 2 judicial proceedings.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (per curiam) (internal citation and quotation marks omitted).
cited Cited as authority (rule) United States v. Lopez
2d Cir. · 2019 · confidence medium
“Under plain error review, the court must first find an obvious error that affects substantial rights.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (per curiam).
cited Cited as authority (rule) United States v. Karon Corbett
2d Cir. · 2019 · confidence medium
When the defendant does not object to the conditions, however, we review only for plain error.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (citation omitted).
cited Cited as authority (rule) United States v. Petix
2d Cir. · 2019 · confidence medium
However, we “relax the plain error standard when the defendant does not receive prior notice of [a sentencing] condition.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (per curiam).
discussed Cited as authority (rule) United States v. Sadler/Brown
2d Cir. · 2019 · confidence medium
Then, the court may use its discretion to correct the error if it seriously affects the fairness, integrity or public reputation of judicial proceedings.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (per curiam) (internal citation and quotation marks omitted).
cited Cited as authority (rule) United States v. Torres
2d Cir. · 2018 · confidence medium
“When the defendant does not object to the conditions, however, we review only for plain error.” United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (per curiam).
discussed Cited as authority (rule) Singleton v. Doe
E.D.N.Y · 2016 · confidence medium
The view that some due process rights attach to special conditions of parole finds support in the related field of conditions of supervised release, to which due process protections also apply. 15 See, e.g., United States v. Green, 618 F.3d 120, 122 (2d Cir.2010); United States v. Pablo Hernandez, 209 F.Supp.3d 542, 545 , 2016 WL 5107017, at *2 (E.D.N.Y.
Retrieving the full opinion text from the archive…
UNITED STATES, Appellee,
v.
Warren GREEN, Appellant
Docket 08-5548-cr.
Court of Appeals for the Second Circuit.
Aug 13, 2010.
618 F.3d 120
Molly K. Corbett, of counsel to Timothy Austin, Assistant Federal Public Defender, Northern District of New York, Albany, NY, for Appellant., Brenda K. Sannes, of counsel to Richard S. Hartunian, United States Attorney for the Northern District of New York, (Daniel Hanlon, on the brief), for Appellee.
Pooler.
Cited by 84 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: Second Circuit (1)
POOLER, KATZMANN, and LIVINGSTON, Circuit Judges.

PER CURIAM:

Warren Green appeals from a final judgment of the United States District Court for the Northern District of New York (Scullin, /.), imposing a condition on his supervised release from prison that prohibits him from associating with members of criminal street gangs or wearing the colors, tattoos or insignia related to such gangs. The only question raised on appeal is whether the judge erred in issuing this condition. We conclude that the portion of the condition prohibiting Green from wearing gang colors or insignia is unconstitutionally vague. Therefore, we vacate the condition and remand to the district court for further proceedings consistent with this opinion.

FACTS

In June, 2001, Green was convicted of conspiracy to possess and distribute crack cocaine and cocaine and sentenced to 121 months’ imprisonment. On July 17, 2007, officers at the Ray Brook correctional facility, where Green was serving his sentence, strip-searched Green and discovered marijuana and a homemade weapon. Green was charged pursuant to a two-count indictment in the United States District Court for the Northern District of New York with knowing possession of a weapon in violation of 18 U.S.C. §§ 1791(a)(2) and 1791(b)(3), and possession of marijuana, in violation of 18 U.S.C. §§ 1791(a)(2) and 1791(b)(3).

Green pled guilty to both counts on June 19, 2008. At an oral sentencing proceeding on October 24, 2008, the district court imposed a sentence of 18 months on each count to run concurrently followed by a three year term of supervised release. The judge then imposed a condition of[*122] supervised release, stating: “And of course, as a special condition, you’re not to associate with any member or associate of the Bloods street gang or any other criminal street gang.” This condition was not recommended in Green’s pre-sentence report.

Subsequently, in a final written order dated October 28, 2008, the district court elaborated on this special condition of supervised release, adding further terms: “The defendant shall not associate with any member or associate of the Bloods street gang, or any other criminal street gang, in person, by mail (including email), or by telephone. This shall include the wearing of colors, insignia, or obtaining tattoos or burn marks (including branding and scars) relative to these gangs.”

Green filed a notice of appeal on November 7, 2008. He is currently incarcerated.

ANALYSIS

I. Standard of Review

Generally, we review conditions of supervised release for abuse of discretion. United States v. Dupes, 513 F.3d 338, 342-43 (2d Cir.2008). When the defendant does not object to the conditions, however, we review only for plain error. Id. at 343; Fed.R.Crim.P. 52(b). Under plain error review, the court must first find an obvious error that affects substantial rights. Dupes, 513 F.3d at 343. Then, the court may use its discretion to correct the error if it “seriously affects the fairness, integrity or public reputation of judicial proceedings.” Id. Green did not object to the conditions of his supervised release.

The sentencing context, however, offers defendants a less rigorous plain error review if defendant lacked sufficient notice of the challenged conditions. United States v. Sofsky, 287 F.3d 122, 125 (2d Cir.2002). As in Sofsky, Green did not have an opportunity to raise a contemporaneous objection to his conditions of supervised release. In Green’s case, the full terms of the condition were still unknown at the oral hearing because the condition was not imposed until the judge issued the final written order. Green was thus completely deprived of any opportunity to object.

The government suggests without argument that Puckett v. United States, — U.S. -, 129 S.Ct. 1423, 173 L.Ed.2d 266 (2009), alters the Sofsky standard. Id. at 1429 (holding that strict plain error review applies to unobjected to plea agreement breaches). Although Puckett makes clear that plain error review applies to sentencing errors to which a contemporaneous objection is not raised, see id. at 1428-29, it does not alter our conclusion that we should relax the plain error standard when the defendant does not receive prior notice of the condition, see Sofsky, 287 F.3d at 125. Applying Sofsky, we therefore “entertain [Green’s] challenge without insisting on strict compliance with the rigorous standards of Rule 52(b).” Id. at 125-26.

II. Due Process

We have recognized that “[d]ue process requires that the conditions of supervised release be sufficiently clear to ‘give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.’ ” United States v. Simmons, 343 F.3d 72, 81 (2d Cir.2003) (quoting United States v. Cabot, 325 F.3d 384, 385 (2d Cir.2003)). A condition of supervised release must provide the probationer with conditions that “are sufficiently clear to inform him of what conduct will result in his being returned to prison,” and violates due process if “men of common intelligence must necessarily guess at its meaning and differ as to its application.” Simmons, 343 F.3d at 81 (internal quotation marks and citations[*123] omitted). On the other hand, conditions of supervised release “ ‘need not be cast in letters six feet high, or ... describe every possible permutation, or ... spell out every last, self-evident detail.’ ” United States v. MacMillen, 544 F.3d 71, 76 (2d Cir.2008) (quoting United States v. Johnson, 446 F.3d 272, 280 (2d Cir.2006)).

Here the condition at issue can be divided into two parts. The first part, issued orally, prohibits association with criminal street gangs. The second, added to the oral condition, defines association to include “wearing of colors, insignia, or obtaining tattoos or burn marks (including branding and scars) relative to these gangs.” We discuss these two parts in turn.

a. Association with Criminal Street Gangs

The term “criminal street gang” is cabined by a clear statutory definition that would permit Green to comply with the condition and permit officers to consistently enforce the condition. See Simmons, 343 F.3d at 81-82 (finding that a condition of supervised release related to “pornography” did not violate due process, because the term was defined by federal statute). A “criminal street gang” is defined in the United States Code as:

an ongoing group, club, organization, or association of 5 or more persons—
(A) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subsection (c);
(B) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection (c); and
(C) the activities of which affect interstate or foreign commerce.

18 U.S.C. § 521(a).

The statutory definition distinguishes this case from the one other instance of which we are aware of a court in the Second Circuit dealing with a prohibition from gang association. The Southern District of New York struck down a prohibition from associating with any member of the Hells Angels motorcycle gang or “any other outlaw motorcycle gang” as unconstitutionally vague. LoFranco v. U.S. Parole Comm’n, 986 F.Supp. 796 (S.D.N.Y.1997), aff'd 175 F.3d 1008 (2d Cir.1999) (unpublished). Importantly, however, unlike “criminal street gang,” the phrase “outlaw motorcycle gang” has no statutory definition.

The only other circuit of which we are aware to address association with criminal street gangs specifically found the prohibition constitutional. See United States v. Vega, 545 F.3d 743, 749 (9th Cir.2008) (finding that a provision prohibiting probationer from associating “with any member of any criminal street gang as directed by the Probation Officer, specifically, any member of the Harpys street gang” did not violate due process); United States v. Soltero, 510 F.3d 858, 865 (9th Cir.2007) (per curiam) (upholding condition that prohibited probationer from associating with “any known member of any criminal street gang ... as directed by the Probation Officer, specifically, any known member of the Delhi street gang”). Like the condition here, both conditions in the Ninth Circuit cases used an example of a particular gang the probationer was to avoid. And of course, those cases assumed, as do we, constitutionally required limitations on the breadth of “association,” including that the prohibition only limits association with gang members known to the probationer, and excludes “incidental contacts.” See Arciniega v. Freeman, 404 U.S. 4, 4, 92 S.Ct. 22, 30 L.Ed.2d 126 (1971) (per curiam).

The statutory background of the federal criminal law gives the phrase “criminal[*124] street gang” provision a constitutionally sufficient foundation, and this part of the condition is therefore not unconstitutionally overbroad.

b. Prohibition from “wearing of colors, insignia, or obtaining tattoos or burn marks (including branding and scars) relative to [criminal street] gangs”

The condition of supervised release that prohibits Green from the “wearing of colors, insignia, or obtaining tattoos or burn marks (including branding and scars) relative to [criminal street] gangs,” on the other hand, is not statutorily defined and does not provide Green with sufficient notice of the prohibited conduct. The range of possible gang colors is vast and indeterminate. For example, the L.A. Police Department’s explanation of gang colors and clothing includes “white T-shirts,” “blue or black or a combination of the two,” red, green, black, brown and purple. Los Angeles Police Department, How Are Gangs Identified, http://www.lapdonline.org/get_ informed (last visited May 14, 2010). Eliminating such a broad swath of clothing colors would make his daily choice of dress fraught with potential illegality. People of ordinary intelligence would be unable to confidently comply with this condition.

Although we find that the condition against wearing gang related clothing is impermissibly vague, we do not mean to suggest that all broad prohibitions are unconstitutional. We uphold broad conditions of supervised release so long as they are sufficiently clear to provide the defendant with notice of what conduct is prohibited. See MacMillen, 544 F.3d at 74 (upholding condition of supervised release prohibiting defendant from “being on [sic] any areas or locations where children are likely to congregate^] such as schools, daycare facilities, playgrounds, theme parks, arcades, recreational facilities, and recreation parks”) (internal notations in original); Johnson, 446 F.3d at 280 (upholding condition prohibiting defendant from being “in any area in which persons under the age of 18 are likely to congregate, such as school grounds, child care centers, or playgrounds”).

The condition of supervised release at issue here contains no limiting list of the colors or insignia that are typically associated with any particular gangs to guide Green in his clothing choices, and is, therefore, much more vague than the prohibited conditions in MacMillen and Johnson. This condition is therefore unconstitutionally vague.

III. Reasonable Relation to Prior Acts

Green also argues that we should vacate the street gang condition because it was not reasonably related to his criminal history or prior acts. Although the district court is endowed with “broad discretion to tailor conditions of supervised release to the goals and purposes” of sentencing, this discretion is constrained by congressionally imposed limits. United States v. Balon, 384 F.3d 38, 42 (2d Cir.2004) (quoting United States v. Chaklader, 232 F.3d 343, 348 (2d Cir.2000)). To fall within the discretion of the district court, a “condition of supervised release need only be reasonably related to” sentencing factors. United States v. Gill, 523 F.3d 107, 109 (2d Cir.2008) (per curiam) (quoting Dupes, 513 F.3d at 344). Because we have already vacated the condition, we need not reach this issue.

IV. Green’s Presence at Sentencing

Finally, we are troubled by the fact that additional terms were imposed after the oral hearing. Even though we vacate the additional condition on due process[*125] grounds, we emphasize that Green should have been present for the imposition of new sentencing terms. United States v. Jacques, 321 F.3d 255, 262-63 (2d Cir.2003); United States v. A-Abras Inc., 185 F.3d 26, 29 (2d Cir.1999); Fed.R.Crim.P. 43(a)(3).

CONCLUSION

For the foregoing reasons, we VACATE the condition of supervised release prohibiting Green from wearing colors and insignia relative to criminal street gangs, and REMAND the matter to the district court for further proceedings consistent with this opinion.