United States v. Gloria Newell Nash, 438 F.3d 1302 (11th Cir. 2006). · Go Syfert
United States v. Gloria Newell Nash, 438 F.3d 1302 (11th Cir. 2006). Cases Citing This Book View Copy Cite
217 citation events (217 in the last 25 years) across 12 distinct courts.
Strongest positive: United States v. Benjamin Smith (ca11, 2025-12-04)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Benjamin Smith
11th Cir. · 2025 · confidence medium
“We [generally] review the terms of . . . supervised release for abuse of discretion . . . .” United States v. Nash, 438 F.3d 1302, 1304 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Jeffrey Leonard Pybus
11th Cir. · 2025 · confidence medium
Specifically, “[c]onditions of supervised release are not vague and overbroad when they are ‘undeniably related’ to the sentencing factors.” United States v. Nash, 438 F.3d 1302, 1307 (11th Cir. 2006) (quoting United States v. Taylor, 338 F.3d 1280, 1285 (11th Cir. 2003)).
cited Cited as authority (rule) United States v. Darius Monterro Williams
11th Cir. · 2025 · confidence medium
“We [generally] review the terms of . . . supervised release for abuse of discretion.” United States v. Nash, 438 F.3d 1302, 1304 (11th Cir. 2006).
cited Cited as authority (rule) United States v. Curtis Brown
11th Cir. · 2024 · confidence medium
“We [generally] review the terms of . . . supervised release for abuse of discretion.” United States v. Nash, 438 F.3d 1302, 1304 (11th Cir. 2006).
cited Cited as authority (rule) United States v. Joshua Maywalt
11th Cir. · 2024 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Carmelo Etienne (2×) also: Cited "see"
11th Cir. · 2024 · confidence medium
Conditions of supervised release are not vague and overbroad when they are “undeniably related to the sentencing fac- tors,” United States v. Nash, 438 F.3d 1302, 1307 (11th Cir. 2006) (ci- tation and internal quotation marks omitted), and are “sufficiently specific to provide the defendant with adequate notice of prohib- ited conduct,” United States v. Coglianese, 34 F.4th 1002, 1012 (11th Cir. 2022) (citation and internal quotation marks omitted).
cited Cited as authority (rule) United States v. Trevor Glen Lang
11th Cir. · 2024 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Lonnie Lorenzo Hollingsworth, Jr. (2×)
11th Cir. · 2023 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir. 2006).
examined Cited as authority (rule) United States v. Toby E. Bivins (5×) also: Cited "see"
11th Cir. · 2023 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Matthew Tassin
11th Cir. · 2022 · confidence medium
Further, special conditions of supervised release “are not vague and overbroad when they are undeniably related to the sentencing factors.” United States v. Nash, 438 F.3d 1302, 1307 (11th Cir. 2006) (quotation marks omitted).
discussed Cited as authority (rule) United States v. Mejia-Banegas
5th Cir. · 2022 · confidence medium
United States v. Nash, 438 F.3d 1302, 1306 (11th Cir. 2006) (per curiam) (rejecting delegation 3 Case: 21-50459 Document: 00516295907 Page: 4 Date Filed: 04/26/2022 No. 21-50459 challenge to prior version of risk-notification condition); United States v. Porter, 842 F. App’x 547 , 548 (11th Cir. 2021) (per curiam) (similarly rejecting delegation challenge to current version of risk-notification condition).
cited Cited as authority (rule) United States v. Joshua Hayes
11th Cir. · 2022 · confidence medium
United States v. Nash, 438 F.3d, 1302, 1304 (11th Cir. 2006).
cited Cited as authority (rule) United States v. Tony DeShane Brown
11th Cir. · 2021 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir. 2006).
cited Cited as authority (rule) United States v. Donald Howard Conkright
11th Cir. · 2021 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. James Taylor
11th Cir. · 2021 · confidence medium
Further, supervised release conditions that are undeniably related to 18 U.S.C. § 3553 (a) sentencing factors are not vague and overbroad, United States v. Nash, 438 F.3d 1302, 1307 (11th Cir. 2006), though a special condition does not need to be supported by each of the § 3553(a) factors.
discussed Cited as authority (rule) United States v. Douglas Joell Porter (2×) also: Cited "see"
11th Cir. · 2021 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir. 2006).
examined Cited as authority (rule) United States v. Aaron Scarborough (6×) also: Cited "see"
11th Cir. · 2020 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir. 2006) (per curiam).
cited Cited as authority (rule) United States v. Douglas B. Harden
11th Cir. · 2018 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir. 2006).
cited Cited as authority (rule) United States v. Derek Coleman Corker
11th Cir. · 2018 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Anthony Evans
9th Cir. · 2018 · confidence medium
Evans knows how the condition applies because he has intimate knowledge of his own “criminal history,” “criminal record,” and “personal history.” See United States v. Nash, 438 F.3d 1302, 1307 (11th Cir. 2006) (upholding Condition 13 because defendant’s “convictions inform[ed] the probation officer as to which parties ‘may be occasioned’ to be harmed by [defendant]”); 3 United States v. MacMillen, 544 F.3d 71 , 76–77 (2d Cir. 2008) (upholding a similar condition that authorized the probation office to discuss “third-party risks with employers” because “the circums…
discussed Cited as authority (rule) United States v. Cueto-Nunez
1st Cir. · 2017 · confidence medium
And he fails to make any such argument notwithstanding that our own precedent approves a number of the conditions' that Cueto now challenges, see United States v. Stergios, 659 F.3d 127, 134 (1st Cir. 2011) (concluding that, should a defendant find his conditions of supervised release, as implemented by the probation officer, “unduly restrictive upon his release, he need only speak with his supervising officer and, if that does not succeed, raise the issue with the district court”); United States v. Padilla, 415 F.3d 211, 214, 221-22 (1st Cir. 2005) (en banc) (rejecting a delegation-based …
examined Cited as authority (rule) United States v. Christopher R. Ely (4×) also: Cited "see", Cited "see, e.g."
11th Cir. · 2017 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304-05 (11th Cir. 2006).
cited Cited as authority (rule) United States v. Glen Edward Ray, Jr.
11th Cir. · 2017 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir, 2006).
cited Cited as authority (rule) United States v. George Yarbrough
5th Cir. · 2017 · confidence medium
United States v. Nash, 438 F.3d 1302, 1305 (11th Cir. 2006) (citation omitted).
discussed Cited as authority (rule) United States v. George Yarbrough (2×)
5th Cir. · 2017 · confidence medium
United States v. Nash, 438 F.3d 1302, 1305 (11th Cir.2006) (citation omitted).
cited Cited as authority (rule) United States v. Walter Eric Holmes
11th Cir. · 2016 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir.2006).
discussed Cited as authority (rule) United States v. Daniel Lomas, III (2×)
5th Cir. · 2016 · confidence medium
United States v. Nash, 438 F.3d 1302, 1305 (11th Cir.2006) (citation omitted).
discussed Cited as authority (rule) United States v. Andre Cook
4th Cir. · 2016 · confidence medium
“To determine if a court improperly delegated the judicial authority of sentencing, [courts] have drawn a distinction between the delegation to a probation officer of a ministerial act or support service and the ultimate responsibility of imposing the sentence.” United States v. Nash, 438 F.3d 1302, 1304-05 (11th Cir.2006) (internal quotation marks omitted). ‘Where the court makes the determination of whether a defendant must abide by a condition, it is permissible to delegate to the probation officer the details of where and when the condition will be satisfied.” Id. (internal quotati…
cited Cited as authority (rule) United States v. Glen Sterling Carpenter
11th Cir. · 2015 · confidence medium
See, e.g., Moran, 573 F.3d at *1238 1137; United States v. Nash, 438 F.3d 1302, 1304 (11th Cir.2006) (per curiam). 3 .
discussed Cited as authority (rule) United States v. Edward Jones, III
4th Cir. · 2015 · confidence medium
“To determine if a court improperly delegated the judicial authority of sentencing, [courts] have drawn a distinction between the delegation to a probation officer of a ministerial act or support service and the ultimate responsibility of imposing the sentence.” United States v. Nash, 438 F.3d 1302, 1304-05 (11th Cir.2006) (internal quotation marks omitted).
discussed Cited as authority (rule) Ali Hamza Ahmad al Bahlul v. United States (2×)
D.C. Cir. · 2015 · confidence medium
See, e.g., United States v. Shultz, 733 F.3d 616, 621 (6th Cir. 2013); United States v. Woodard, 387 F.3d 1329, 1331, 1333 (11th Cir. 2004); United States v. Bishop, 603 F.3d 279, 280 (5th Cir. 2010); United States v. Tejeda, 476 F.3d 471, 474 (7th Cir. 2007); United States v. Torres, 258 F.3d 791, 794 (8th Cir. 2001); United States v. Mike, 632 F.3d 686 , 691–92, 700 (10th Cir. 2011); United States v. Nash, 438 F.3d 1302, 1304 (11th Cir. 2006); United States v. Daniels, 182 F.3d 910 (4th Cir. 1999) (table).
cited Cited as authority (rule) United States v. Robert Curtis Scharmberg
11th Cir. · 2015 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir.2006).
discussed Cited as authority (rule) United States v. Brandon Jerome James
11th Cir. · 2015 · confidence medium
We review constitutional issues de novo; however, we will “reverse only for plain error where the defendant fails to object at the district court.” United States v. Nash, 438 F.3d 1302, 1304 (11th Cir.2006) (per curiam).
discussed Cited as authority (rule) United States v. Brandon Jerome James (2×)
11th Cir. · 2015 · confidence medium
We review constitutional issues de novo; however, we will “reverse only for plain error where the defendant fails to object at the district court.” United States v. Nash, 438 F.3d 1302, 1304 (11th Cir. 2006) (per curiam).
cited Cited as authority (rule) United States v. Marcus Perez Jackson
11th Cir. · 2015 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir.2006).
discussed Cited as authority (rule) United States v. Benito Lahera (2×) also: Cited "see"
11th Cir. · 2014 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir.2006) (per curiam).
cited Cited as authority (rule) Jose Antonio Heredia v. Secretary, Florida Department of Corrections
11th Cir. · 2014 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir.2006).
examined Cited as authority (rule) United States v. Mikel Stephen Carroll (3×) also: Cited "see"
11th Cir. · 2013 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir.2006).
discussed Cited as authority (rule) United States v. Andrew Atias
11th Cir. · 2013 · confidence medium
In addition, “[cjonditions of supervised release are not vague and overbroad when they are ‘undeniably related’ to the sentencing factors.” United States v. Nash, 438 F.3d 1302, 1307 (11th Cir.2006) (per curiam) (quoting Taylor, 338 F.3d at 1285 ).
cited Cited as authority (rule) United States v. Alberto Grajales
11th Cir. · 2012 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir.2006) (per curiam).
cited Cited as authority (rule) United States v. Rigorberto Monteagudo
11th Cir. · 2011 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir.2006).
discussed Cited as authority (rule) United States v. Datrist McCall
11th Cir. · 2010 · confidence medium
Ordinarily, we review de novo a sentence imposed pursuant to the revocation of a term of supervised release, United States v. Mazarky, 499 F.3d 1246, 1248 (11th Cir.2007), but where an appellant argues for the first time on appeal that his sentence exceeds the statutory maximum, as McCall does here, we will review only *499 for plain error. 1 See United States v. Nash, 438 F.3d 1302, 1304 (11th Cir.2006) (per curiam) (“We review the terms of a supervised release for abuse of discretion, but where the defendant fails to object at the district court, we reverse only for plain error.”).
cited Cited as authority (rule) United States v. Ward Franklin Dean
11th Cir. · 2010 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir.2006) (per curiam); Williams, 121 F.3d at 618 .
discussed Cited as authority (rule) United States v. Miller
4th Cir. · 2009 · confidence medium
See United States v. Kerr, 472 F.3d 517, 523-24 (8th Cir.2006) (finding no impermissible delegation to probation officer where the district court made no indication it was relinquishing final authority over defendant’s treatment); United States v. Zinn, 321 F.3d 1084, 1092 (11th Cir.2003) (finding no plain error in imposing condition that required defendant to participate as directed in a program of mental health treatment approved by the probation officer); see also U.S. Sentencing Guidelines Mamial § 5D1.3(d)(5) (recommending, when district court believes defendant is in need of psycholog…
cited Cited as authority (rule) United States v. Blanchard
M.D. Ga. · 2009 · confidence medium
A probation officer, though an “arm of the court,” is limited to performing “a ministerial act or support service.” United States v. Nash, 438 F.3d 1302, 1304-05 (11th Cir.2006).
cited Cited as authority (rule) United States v. Moran
11th Cir. · 2009 · confidence medium
Objections not raised in the district court are reviewed for plain error. - United States v. Nash, 438 F.3d 1302, 1304 (11th Cir.2006).
cited Cited as authority (rule) United States v. Anton
11th Cir. · 2008 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir.2006).
cited Cited as authority (rule) United States v. Ingrid Arneth
11th Cir. · 2008 · confidence medium
United States v. Nash, 438 F.3d 1302, 1304 (11th Cir.2006).
cited Cited as authority (rule) United States v. Richard Wilkinson
11th Cir. · 2008 · confidence medium
“Conditions of supervised release are not vague and overbroad when they are ‘undeniably related’ to the sentencing factors.” United States v. Nash, 438 F.3d 1302, 1307 (11th Cir.2006).
discussed Cited as authority (rule) Carrigan v. State
Del. · 2008 · confidence medium
See 18 U.S.C.A. § 3602 (a) ("A district court of the United States shall appoint qualified persons to serve ... as probation officers within the jurisdiction and under the direction of the court making the appointment.”); see also United States v. Bernardine, 237 F.3d 1279 , 1283 (11th Cir.2001) ("A probation officer is an ‘arm of the court.' ”); accord United States v. Horvath, 492 F.3d 1075, 1078 (9th Cir.2007); United States v. Nash, 438 F.3d 1302, 1305 (11th Cir.2006); United States v. Aspinall, 389 F.3d 332, 349 (2d Cir.2004); United States v. York, 357 F.3d 14 , 22 n. 6 (1st Cir.2…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Gloria Newell NASH, Defendant-Appellant
05-11440.
Court of Appeals for the Eleventh Circuit.
Feb 13, 2006.
438 F.3d 1302
Gwendolyn L. Spivey and Randolph P. Murrell, Fed. Pub. Defenders, Fed. Def. Office, Tallahassee, FL, Thomas S. Keith, Fed. Pub. Def., Fed. Pub. Defender’s Office, Pensacola, FL, for Nash., Nancy J. Hess, Pensacola, FL, E. Bryan Wilson, U.S. Atty., Tallahassee, FL, for U.S.
Marcus, Wilson, Pryor.
Cited by 94 opinions  |  Published
PER CURIAM:

Gloria Newell Nash appeals three conditions of her supervised release. Nash was sentenced to eight months of imprisonment and two years of supervised release for theft of government property. See 18 U.S.C. § 641. Nash argues that the district court plainly erred by imposing (1) three conditions of her supervised release that improperly delegated a judicial function to a probation officer and (2) one condition that was unconstitutionally vague and overbroad. Although the district court plainly erred in delegating to the probation officer the decision whether Nash should participate in a mental health program, see United States v. Heath, 419 F.3d 1312,1315 (11th Cir.2005), the district[*1304] court did not err in imposing the remaining two conditions, both of which were specifically recommended by the Sentencing Guidelines. We vacate and remand in part and affirm in part.

I.BACKGROUND

Nash pleaded guilty to one count of theft of governmental property for fraudulently receiving $41,416 in Social Security benefits. Nash had prior convictions for petit larceny, eight instances of issuing worthless checks, unauthorized use of public assistance, and petit theft. The district court sentenced Nash to eight months of imprisonment and two years of supervised release. The district court also ordered $41,416 in restitution to be paid in monthly installments of not less than $90 per month. Nash did not object to the sentence.

The court imposed fourteen standard conditions and four special conditions on Nash’s supervised release. Special Condition One states, “As deemed necessary by the Probation Officer, the defendant shall participate in mental health counseling, which may include inpatient treatment.” Special Condition Four states, “The defendant shall secure prior approval from the probation office before opening any checking, credit, or debit account.” Standard Condition Thirteen states, “As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant’s criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant’s compliance with such notification requirement.” Nash appeals these conditions of her supervised release.

II.STANDARD OF REVIEW

We review the terms of a supervised release for abuse of discretion, but where the defendant fails to object at the district court, we reverse only for plain error. United States v. Zinn, 321 F.3d 1084, 1088 (11th Cir.2003). We review constitutional issues de novo, but reverse only for plain error where the defendant fails to object at the district court. United States v. Walker, 59 F.3d 1196, 1198 (11th Cir.1995).

III.DISCUSSION

Nash argues that Special Condition One, Special Condition Four, and Standard Condition Thirteen of her supervised release are an improper delegation of judicial authority because they do not limit the discretion of the probation officer. Nash also contends that Standard Condition Thirteen is unconstitutionally vague because it does not define when and to whom notice is required. We discuss each argument in turn.

A. Whether the District Court Delegated Judicial Functions?

Nash contends that the district court plainly erred because Special Condition One, Special Condition Four, and Standard Condition Thirteen of her supervised release are improper delegations of judicial function in violation of Article III of the United States Constitution. See U.S. Const., art. III. “To find reversible error under the plain error standard, we must conclude that (1) an error occurred, (2) the error was plain, and (3) the error affected substantial rights.” Zinn, 321 F.3d at 1088. If these three criteria are met, we may reverse for plain error if it “seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings.” United States v. Olano, 507 U.S. 725, 730-32, 113 S.Ct. 1770, 1776, 123 L.Ed.2d 508 (1993).

To determine if a court improperly delegated the judicial authority of sentencing, we have drawn a distinction between the delegation to a probation officer of “a ministerial act or support service”[*1305] and “the ultimate responsibility” of imposing the sentence. See United States v. Bernardine, 287 F.3d 1279, 1283 (11th Cir.2001); see also Heath, 419 F.3d at 1315; United States v. Taylor, 338 F.3d 1280, 1283-84 (11th Cir.2003); Zinn, 321 F.3d at 1092. Although “[a] probation officer is an ‘arm of the court,’ ” Bernardine, 237 F.3d at 1283 (quoting United States v. Ruiz, 580 F.2d 177, 178 (5th Cir.1978)), and “is statutorily mandated to ‘perform any ... duty that the court may designate,’ ” id. (quoting 18 U.S.C. § 3603(10)), Article III courts may not delegate the “ultimate responsibility” of judicial functions to probation officers, id. (citing United States v. Johnson, 48 F.3d 806, 808-09 (4th Cir.1995)). Because probation officers “play a vital role in effectuating the sentences imposed by district courts,” Taylor, 338 F.3d at 1284, courts may delegate duties to probation officers “to support judicial.functions, as long as a judicial officer retains and exercises ultimate responsibility.” Id. (quoting Johnson, 48 F.3d at 808-09). “Indisputably under our constitutional system, the right ... to impose the punishment provided by law, is judicial.” Ex parte United States, 242 U.S. 27, 41-2, 37 S.Ct. 72, 74, 61 L.Ed. 129 (1916). “[WJhere the court makes the determination of whether a defendant must abide by a condition, ... it is permissible to delegate to the probation officer the details of where and when the condition will be satisfied.” United States v. Stephens, 424 F.3d 876, 880 (9th Cir.2005).

We have upheld conditions of supervised release that unequivocally impose a requirement on the defendant, but subject the defendant to the “approval” or “direction” of a probation officer. For example, we concluded that the district court did not plainly err by imposing a condition that stated the defendant “shall participate as directed in a program of mental health treatment including a sexual offender treatment program approved by the probation officer.” Zinn, 321 F.3d at 1092 (emphasis added). We also affirmed, under an abuse of discretion standard, a condition of supervised release that required the defendant “to participate in a mental health program ... approved by the probation officer, and abide by the rules, requirements and conditions of the treatment program, including submitting to polygraph testing.” Taylor, 338 F.3d at 1283 (emphasis added). In both decisions, we noted that the Sentencing Guidelines “ ‘expressly permit[ ]’ the district court to require defendants to ‘participate in a mental health program approved by the United States Probation Office.’ ” Id. at 1284 (quoting U.S.S.G. § 5B1.3(d)(5)).

We also recently- concluded that a district court plainly errs when- it delegates “to the probation officer the authority to decide whether a defendant will participate in a treatment program.” Heath, 419 F.3d at 1315 (emphasis added). In Heath, the district court imposed a condition that “[t]he defendant shall participate if and as directed by the probation' office in such mental health programs as recommended by a' psychiatrist or psychologist .... ” Id. at 1314 (emphasis added). We stated that this condition “delegated to the probation officer not only the administrative supervision of Heath’s participation in the mental health program, but also the authority to make the ultimate decision of whether Heath had to participate at all.” Id. "at 1315. Because “imposing a sentence on a defendant is a judicial function” that affected the terms of the sentence and “[a] violation of Article III through the improper delegation of a judicial function” “seriously affects the fairness, integrity, or public reputation of judicial proceedings,” we concluded that the district court had plainly erred. Id.

We apply these principles to the challenged conditions of Nash’s supervised[*1306] release. Special Condition One of Nash’s supervised release constitutes plain error because it delegates the “ultimate responsibility” of sentencing to the probation officer. It states that “[a]s deemed necessary by the Probation Officer, the defendant shall participate in mental health counseling.” “[T]he sentencing guidelines expressly permit the court, and only the court, to impose ‘a condition requiring that the defendant participate in a mental health program.’ ” Id. at 1315 (citing U.S.S.G. § 5B1.3(d)(5)). Although the condition states that Nash “shall” participate in mental health counseling, this order is subject to the conditional phrase “[a]s deemed necessary by the Probation Officer.” In other words, whether Nash “shall” participate in mental health counseling turns on the judgment of the probation officer, not the court. Like the condition we rejected in Heath, the district court has delegated to the probation officer the “ultimate responsibility” of whether Nash must participate in mental health counseling instead of the “ministerial function” of how, when, and where the defendant must participate. The district court plainly erred when it imposed Special Condition One. See Id. at 1315.

Special Condition Four and Standard Condition Thirteen, by contrast, impose clear directives on the defendant subject to the administrative supervision of a probation officer. Special Condition Four states, “The defendant shall secure prior approval from the probation office before opening any checking, credit, or debit account.” Nash is required to seek prior approval of the probation office as a condition of her supervised release; the sentence imposed leaves to the probation officer only the ministerial approval of the accounts Nash may open. Further, the Sentencing Guidelines explicitly recommend “a condition prohibiting the defendant from incurring new credit charges or opening additional lines of credit without approval of the probation officer” where restitution is imposed. U.S.S.G. § 5D1.3(d)(2); see also Zinn, 321 F.3d at 1092 (finding no plain error where a condition of supervised release was “consistent with the Sentencing Guidelines”). Special Condition Four mandates the defendant to abide by a condition of supervised release subject only to the administrative “approval” of the probation office.

Standard Condition Thirteen likewise does not improperly delegate a judicial function to a probation officer. Nash is obligated to “notify third parties of risks that may be occasioned by [Nash]’s criminal record or personal history or characteristics” “[a]s directed by the probation officer.” The probation officer may “direct” when, where, and to whom notice must be given, but may not unilaterally decide whether Nash “shall” do so at all. The language of this condition is also specifically recommended by the Sentencing Guidelines as a term of supervised release. See U.S.S.G. § 5D1.3(d)(2). Standard Condition Thirteen directs the probation officer to oversee the enforcement of Nash’s supervised release, but does not relegate the “ultimate responsibility” of determining Nash’s sentence to the unfettered discretion of the probation officer. The district court did not plainly err by imposing Special Condition Four and Standard Condition Thirteen.

B. Whether Standard Condition Thirteen Is Vague and Overbroad?

Nash argues that Standard Condition Thirteen is vague and overbroad because it does not state the risks, third parties, or history and characteristics that would otherwise guide a probation officer in the enforcement of this condition. The Sentencing Guidelines permit the court to impose conditions of supervised release[*1307] that are “reasonably related” to the sentencing factors, “involve no greater deprivation of liberty than is reasonably necessary for the purposes set forth,” and “are consistent with any pertinent policy statements issued by the Sentencing Commission.” 18 U.S.C. § 3583(d); Zinn, 321 F.3d at 1089. Conditions of supervised release are not vague and overbroad when they are “undeniably related” to the sentencing factors. Taylor, 338 F.3d at 1285; see 18 U.S.C. § 3553(a). The factors that the district court may consider when imposing a sentence include “the nature and circumstances of the offense and the history and characteristics of the defendant” and the need “to protect the public from further crimes of the defendant.” 18 U.S.C. § 3553(a)(1); (a)(2)(C).

Standard Condition Number Thirteen is “undeniably related” to Nash’s current conviction, previous convictions, restitution obligation, and the need to protect the public from Nash’s financial fraud. Nash admitted that she fraudulently received Social Security benefits and has prior convictions for check fraud, petit larceny, petit theft, and unauthorized use of public assistance. Nash’s convictions inform the probation officer as to which parties “may be occasioned” to be harmed by Nash. Nash’s criminal history and restitution obligation direct the probation officer to enforce this condition of her supervised release with a view toward the prevention of future fraud and the fulfillment of her restitution obligations. See id. § 3553(a)(2)(C). In the light of Nash’s previous and current convictions and the mandated restitution, Standard Condition Number Thirteen is neither vague nor overbroad.

IV. CONCLUSION

Because the district court plainly erred by imposing Special Condition Number One, we vacate and remand for resentenc-ing. Because Special Condition Number Four and Standard Condition Number Thirteen only delegate ministerial duties to the probation officer and Standard Condition Number Thirteen is not vague or overbroad, we affirm.

VACATED AND REMANDED IN PART, AND AFFIRMED IN PART.