United States v. Kendall Woodall
2015 U.S. App. LEXIS 5379
8th Cir.2015Background
- Defendant Kendall Woodall pleaded guilty to failing to register as a sex offender under 18 U.S.C. § 2250(a) after moving to Iowa from Missouri and not updating his registration; sentenced to 10 months imprisonment and five years supervised release.
- PSR (uncontested) reported infrequent marijuana use (about once every two months), light alcohol use (one or two beers monthly), termination from a sex-offender treatment program, and a 2014 suicide attempt with resulting diagnoses of major depressive disorder and possible adult ADHD.
- District court imposed special supervised-release conditions: (1) total ban on alcohol use and entry into establishments deriving primary income from alcohol; (2) prohibition on contact with minors without prior written probation approval.
- District court justified the alcohol ban on a finding that drug-dependent persons often substitute alcohol when prevented from using illegal drugs; justified the minors-contact ban based on the seriousness of Woodall’s prior sexual offense (sexual relations with his 15-year-old stepsister) and his failure to complete treatment.
- Woodall appealed both special conditions, arguing each was greater than necessary under 18 U.S.C. § 3583(d)(2) and the § 3553(a) sentencing factors.
Issues
| Issue | Plaintiff's Argument (Woodall) | Defendant's Argument (Government/District Court) | Held |
|---|---|---|---|
| Whether a blanket ban on alcohol use and entry into alcohol-centric establishments is reasonably necessary | Alcohol prohibition is unsupported: Woodall is not drug-dependent (infrequent marijuana use) and has no alcohol-related history, so the condition is greater than necessary | Condition protects community because drug-dependent defendants may substitute alcohol; court relied on this rationale and Woodall’s substance history and mental-health issues | Vacated — record does not support finding of drug dependence; light alcohol use and infrequent marijuana use do not justify blanket alcohol ban |
| Whether prohibition on contact with minors without probation approval is reasonably necessary | Condition overbroad given age (13 years old) of prior offense and low likelihood of recidivism | Prior serious sex offense against a minor, failure to complete treatment, and relation to failure-to-register support condition to protect children | Affirmed — condition reasonably tailored given seriousness of prior offense and risk factors |
Key Cases Cited
- United States v. Jirak, 728 F.3d 806 (8th Cir.) (standard of review for supervised-release conditions)
- United States v. Walters, 643 F.3d 1077 (8th Cir. 2011) (struck down alcohol ban where defendant was not drug dependent)
- United States v. Simons, 614 F.3d 475 (8th Cir. 2010) (upheld alcohol bans for defendants with substance-abuse problems)
- United States v. Forde, 664 F.3d 1219 (8th Cir. 2012) (upheld alcohol prohibition where PSR showed substantial drug dependency)
- United States v. Mosley, 672 F.3d 586 (8th Cir. 2012) (upheld alcohol ban in context of long-term substance abuse and mental-health issues)
- United States v. Bass, 121 F.3d 1218 (8th Cir. 1997) (use frequency evidentiary standard for drug dependence)
- United States v. Mark, 425 F.3d 505 (8th Cir. 2005) (upheld contact-with-minors restriction based on prior sexual conduct with a minor)
- United States v. Scott, 270 F.3d 632 (8th Cir. 2001) (vacated similar condition where the prior offense was remote in time and unrelated)