United States v. Dougan
2012 U.S. App. LEXIS 14094
| 10th Cir. | 2012Background
- Dougan pled guilty to robbing the Center City Post Office (robbery of $220 by note, with feigned gun).
- District court imposed special sex-offender conditions of release based on Dougan’s criminal history, including a 1978 sexual battery and a 1994 aggravated battery conviction.
- PSR recommended sex-offender treatment in prison, sexual-offender assessment and treatment on release, confidentiality waivers, residence/association restrictions with minors, pornography restrictions, and sex-offender registration.
- Dougan objected to the PSR’s sexual-offense labeling of 1994 conviction and to all sex-offender conditions; the court overruled objections and imposed the conditions.
- On appeal, the court remanded to vacate the special sex-offender conditions; jurisdiction issues blocked review of the incarceration-treatment recommendation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the special sex-offender conditions reasonably related? | Dougan contends the offenses are too remote to justify conditions. | Dougan argues the conditions are reasonably related to history, deterrence, and needs. | Abuse of discretion; remand to vacate the conditions. |
| Was the 17-year gap between offenses too remote to support conditions? | Remoteness undermines relation to the current offense. | Remoteness can be offset by defendant’s history; other factors may justify. | Too remote; not reasonably related to a robbery offense. |
| Is the district court's recommendation for treatment during incarceration reviewable on appeal? | Treatment during incarceration is a final decision reviewable. | Recommendations during incarceration are not final and thus not appealable. | Lack of jurisdiction; dismiss review of incarceration-treatment recommendation. |
Key Cases Cited
- United States v. Mike, 632 F.3d 686 (10th Cir. 2011) (standard for reviewing special conditions of release; 'reasonably related' and liberty concerns)
- United States v. Batton, 602 F.3d 1191 (10th Cir. 2010) (abuse-of-discretion review for special conditions; scope of discretion)
- United States v. Carter, 463 F.3d 526 (6th Cir. 2006) (prison-time factors in remoteness and likelihood of reoffense in special conditions)
- United States v. Brogdon, 503 F.3d 555 (6th Cir. 2007) (example where seventeen-year-old offenses could be related given multiple prior offenses)
- United States v. Sanchez, 667 F.3d 555 (5th Cir. 2012) (consideration of time since offenses and incarceration in relation to remoteness)
- United States v. Kent, 209 F.3d 1073 (8th Cir. 2000) (older offenses and implications for remoteness of special conditions)
- United States v. Moran, 573 F.3d 1132 (11th Cir. 2009) (ten-year-old offense not necessarily too remote where other factors exist)