United States of America v. Michael Lawrence Harris, a/k/a Mike Vic

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
_________________________________
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL LAWRENCE HARRIS,
a/k/a Mike Vic,
Defendant - Appellant.
No. 25-5108
(D.C. No. 4:24-CR-00313-SEH-1)
(N.D. Okla.)
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MATHESON, MORITZ, FEDERICO, Circuit Judges.
_________________________________
Appellant Michael Harris pleaded guilty to being a felon in possession
of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(8). The district
court sentenced him to forty-six months in prison, followed by three years
of supervised release with several special conditions. Harris now challenges
* After examining the briefs and appellate record, this panel has
determined unanimously to honor the parties’ request for a decision on the
briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G).
The case is therefore submitted without oral argument.
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be
cited, however, for its persuasive value consistent with Federal Rule
of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1.
FILED
United States Court of Appeals
Tenth Circuit
May 26, 2026
Christopher M. Wolpert
Clerk of Court
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one of those special conditions – required participation in a mental health
treatment program. Exercising jurisdiction under 18 U.S.C. § 3742(a) and
28 U.S.C. § 1291, we affirm.
I
“District courts have broad discretion to impose special conditions of
supervised release.” United States v. Bear, 769 F.3d 1221, 1226 (10th Cir.
2014). Under 18 U.S.C. § 3583(d), which cross-references 18 U.S.C.
§ 3553(a), a special condition must “be reasonably related to the nature and
circumstances of the offense, the defendant’s history and characteristics,
the deterrence of criminal conduct, the protection of the public from further
crimes of the defendant, or the defendant’s educational, vocational, medical,
or other correctional needs.” Bear, 769 F.3d at 1226. A special condition also
must “involve no greater deprivation of liberty than is reasonably necessary
to achieve the purpose of deterring criminal activity, protecting the public,
and promoting the defendant’s rehabilitation.” Id. And it must “be
consistent with any pertinent policy statements issued by the Sentencing
Commission.” Id.
The district court imposed a special condition of supervised release
requiring Harris to “successfully participate in a program of mental health
treatment and follow the rules and regulations of the program.” R. I at 19.
Had Harris objected to that special condition when it was imposed, we
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would review it for an abuse of discretion. See United States v. Mike, 632
F.3d 686, 691 (10th Cir. 2011). But he did not object at sentencing, so we
review only for plain error. See id. Under the plain-error standard, Harris
“must show: (1) error, (2) that is plain, which (3) affects substantial rights,
and which (4) seriously affects the fairness, integrity, or public reputation
of judicial proceedings.” Id. at 691–92 (internal quotation marks omitted).
II
At the sentencing hearing, the district court referenced Harris’s past
mental health issues and determined he should receive mental health
treatment during his supervised-release term:
The defendant is 47 years old with a history of substance
abuse, some mental illness, and criminal convictions.
Based on these factors, a sentence within the advisory
guideline range will serve as an adequate deterrent to this
defendant as well as others, promote respect for the law, provide
just punishment for the offense, and provide protection for the
public. Sentencing disparities among defendants were
considered in determining an appropriate sentence in this case.
A term of supervised release is appropriate with special
conditions based upon the aforementioned factors and will allow
Defendant time to reintegrate into the community upon release
from imprisonment, be monitored for future law violations, and
receive appropriate substance abuse and mental health
treatment. . . .
The Court recommends the defendant be placed in a
facility that will allow him an opportunity to participate in the
Bureau of Prisons’ Residential Drug Abuse Program as well as
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the most comprehensive mental health treatment program
available.
R. II at 51–52 (emphasis added).
Harris contends the district court erred by imposing a special
condition requiring mental health treatment without an adequate basis or
explanation. He faults the district court for “never explain[ing] or
address[ing] what mental illness Harris had at the time of sentencing or
why a special condition requiring mental health treatment would help meet
the sentencing goals set out in 18 U.S.C. § 3553(a).” Op. Br. at 9.
The Government counters that the district court’s reasoning satisfied
its minimal obligation to “make an individualized assessment” and to
“provide a generalized statement of its reasoning.” Resp. Br. at 8 (quoting
United States v. Martinez-Torres, 795 F.3d 1233, 1237 (10th Cir. 2015), and
Mike, 632 F.3d at 693).
We need not decide whether the district court’s explanation was
adequate. Even if we assume the district court committed plain error in this
regard, Harris has not carried his burden to show that the error (if any)
affected his substantial rights, as required by prong three of the plain error
analysis. See United States v. Berryhill, 140 F.4th 1287, 1293 (10th Cir.
2025) (stating that a defendant must satisfy all four prongs to prevail under
the demanding plain-error standard).
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III
“An error affects substantial rights if there is a reasonable probability
that, but for the error claimed, the result of the proceeding would have been
different.” United States v. Sweet, 107 F.4th 944, 962 (10th Cir. 2024)
(internal quotation marks omitted), cert. denied, 145 S. Ct. 1221 (2025).
Under plain-error review, we may vacate a special condition of supervised
release “only if the record reveals no basis” for the condition. United States
v. Francis, 891 F.3d 888, 898 (10th Cir. 2018) (internal quotation marks
omitted). “This is because if the record reveals a basis, there is no
reasonable probability that but for the error the defendant’s sentence would
be different and thus the proceeding’s fairness was not impacted.” Id.
(brackets and internal quotation marks omitted).
The record here contains at least two bases for mental health
treatment.
First, the presentence investigation report (PSR) stated that Harris
has benefited from counseling and is interested in future mental health
services. R. IV at 10. Harris did not object to these statements in the PSR.
Second, this court has held that “a defendant’s ‘long record of violent
incidents’” or “track record of violent behavior” can “support a conclusion
that mental health counseling is appropriate.” United States v. Jereb, 882
F.3d 1325, 1345–46 (10th Cir. 2018) (quoting United States v. Barajas, 331
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F.3d 1141, 1147 (10th Cir. 2003)); see also United States v. Bull, 214 F.3d
1275, 1278 (11th Cir. 2000) (affirming a condition requiring a defendant to
undergo mental health counseling where defendant’s PSR reflected a
history of incidents involving threats and violence) (cited with approval in
Jereb, 882 F.3d at 1346, and Barajas, 331 F.3d at 1147). When such a record
exists, mental health counseling bears a reasonable relationship to a
defendant’s history and characteristics, as required by §§ 3553(a)(1) and
3583(d). Jereb, 882 F.3d at 1345–46.
Harris’s PSR details several violent past offenses. His prior
convictions include aggravated robbery, in which Harris took another
person’s property by threatening him with a knife and gun (at age 27), and
domestic assault and battery of his girlfriend (at age 47). And his conviction
in this case stemmed from two separate violent episodes – a gun fight, and
an incident in which Harris held a gun to someone’s head. These offenses,
together, constitute a “track record of violent behavior” that supports a
special condition requiring mental health treatment. Jereb, 882 F.3d at
1346.
Because the record supports the challenged special condition, there is
no “reasonable probability that, but for the error claimed, the result of the
proceeding would have been different,” Sweet, 107 F.4th at 962 (internal
quotation marks omitted). Harris has not shown plain error.
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AFFIRMED.
Entered for the Court
Richard E.N. Federico
Circuit Judge
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