United States v. Cory Traxler
517 F. App'x 472
6th Cir.2013Background
- Traxler, a felon, was charged with being a felon in possession of a firearm based on firearms training with white supremacist peers while on felony parole.
- He faced a 180-month mandatory minimum under the Armed Career Criminal Act, but the government moved for a downward departure for substantial assistance; Traxler moved for a downward variance.
- At original sentencing, the district court imposed 60 months in prison and 36 months of supervised release, with six special supervised-release conditions, including prohibitions on race-supremacy/hate-group contact and clothing.
- The government appealed the sentence; Traxler did not cross-appeal; a panel vacated the sentence and remanded for resentencing due to record confusion about how the sentence was determined.
- On remand, the district court granted a six-level substantial-assistance departure and imposed 92 months of imprisonment and 36 months of supervised release with the same standard and special conditions.
- Traxler appeals the district court’s Special Conditions 4 and 5, arguing they violate 18 U.S.C. § 3583(d) for lack of reasonable relation to § 3553(a), excessive deprivation of liberty, and vagueness of Condition 5; he did not raise these objections previously.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Traxler’s challenges to Special Conditions 4 and 5 are waived | Traxler argues plain-error review should apply despite not raising earlier. | Waiver doctrine bars consideration because issue could have been raised in the first appeal. | Waived; merits not reached. |
Key Cases Cited
- United States v. Adesida, 129 F.3d 846 (6th Cir. 1997) (law-of-the-case waiver principle applies to reassertion of issues)
- United States v. McKinley, 227 F.3d 716 (6th Cir. 2000) (waiver when issue not raised on initial appeal)
- United States v. Sedore, 512 F.3d 819 (6th Cir. 2008) (waiver applies to sentencing enhancements not challenged earlier)
- United States v. Boudreau, 564 F.3d 431 (6th Cir. 2009) (narrow remand exception to waiver doctrine does not apply here)