United States of America v. Mario Johnson, also known as Mario D. Clemons

15-3672Court of Appeals for the Eighth Circuit31 lug 2017

Testo completo

United States Court of Appeals
For the Eighth Circuit
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No. 17-1184
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Mario Johnson, also known as Mario D. Clemons
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - Cape Girardeau
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Submitted: June 29, 2017
Filed: July 12, 2017
[Unpublished]
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Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges.
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PER CURIAM.
Mario Johnson directly appeals after the district court revoked his supervised1
release and sentenced him to a within-guidelines prison term plus supervised release
The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the1
Eastern District of Missouri.

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with special conditions. His counsel has filed a brief arguing that the district court
plainly erred in imposing special conditions of supervised release related to treatment
programs. In addition, his counsel has moved for leave to withdraw.
Upon careful review, we conclude that the district court did not plainly err in
imposing the special conditions of supervised release. See United States v.
Wisecarver, 644 F.3d 764, 775 (8th Cir. 2011) (explaining that unobjected-to special
conditions of supervised release are reviewed for plain error); see also 18 U.S.C.
§ 3583(d) (providing that special release conditions must be reasonably related to 18
U.S.C. § 3553(a) sentencing factors and must involve no greater deprivation of liberty
than is reasonably necessary to advance § 3553(a) purposes). Accordingly, we grant
counsel leave to withdraw, and we affirm.
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