United States v. Harold Scallon
683 F.3d 680
5th Cir.2012Background
- Scallon pled guilty to possession of material involving sexual exploitation of a minor under a written plea agreement.
- The plea waived his right to appeal conviction and sentence on all grounds and to contest the sentence in any post-conviction proceeding, reserving rights to appeal punishment above the statutory maximum and to claim ineffective assistance of counsel affecting the waiver.
- District court sentenced Scallon to 78 months in prison and five years’ supervised release with standard and additional conditions.
- Scallon timely appealed; appellate counsel withdrew; the appeal was dismissed as frivolous.
- Scallon, pro se, filed a motion under 18 U.S.C. § 3583(e)(2) to modify or delete several supervised release conditions; he argued the conditions were greater than necessary and vague.
- The district court denied the § 3583(e)(2) motion; Scallon then filed a second motion challenging more conditions and raising new arguments; the Government moved to dismiss under the appeal waiver and the district court denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the broad plea-waiver bar review of a § 3583(e)(2) modification appeal? | Scallon | Government | Yes, waiver bars the appeal. |
| Is Cooley controlling regarding whether § 3583(e)(2) motions fall inside a waiver? | Scallon | Government | Cooley not controlling; waiver still bars appeal of modification. |
Key Cases Cited
- United States v. Cooley, 590 F.3d 293 (5th Cir. 2009) (held § 3582(c)(2) motions do not attack the original sentence; not within broad waiver scope; distinguishable from § 3583(e)(2) actions)
- United States v. Hartshorn, 163 F. App’x 325 (5th Cir. 2006) (example of a case cited in discussing waiver scope or authority)
- United States v. Lonjose, 663 F.3d 1292 (10th Cir. 2011) (a case recognizing waiver scope issue in § 3583(e)(2) context when government sought modification)
- United States v. Carruth, 528 F.3d 845 (11th Cir. 2008) (recognizes waiver considerations in modification proceedings)
- United States v. Valdez-Sanchez, 414 F.3d 539 (5th Cir. 2005) (supervised release as part of original sentence; discussion relevant to appealability of § 3583(e)(2) motions)
- United States v. Hildenbrand, 527 F.3d 466 (5th Cir. 2008) (jurisdiction and standard for reviewing waiver issues)