United States v. Mark Banes
691 F. App'x 300
| 8th Cir. | 2017Background
- Mark Allen Banes pleaded guilty to failing to register as a sex offender under 18 U.S.C. § 2250.
- Sentenced in 2011 to 60 months probation; probation revoked in 2015 for unapproved contact with minors and pornography, yielding time served + 5 years supervised release.
- Immediately violated GPS and reporting conditions; court revoked supervised release and imposed 6 months imprisonment + 5 years supervised release.
- In 2016 Banes admitted multiple supervised-release violations (lying to PO, unauthorized internet/device, unapproved minor contact, registry noncompliance, associating with felon).
- Advisory Guidelines range for revocation was 12–18 months; district court imposed 18 months imprisonment + 5 years supervised release.
- Banes appealed, arguing the sentence violated Tapia v. United States (prohibiting imprisonment to promote rehabilitation); district court explained it relied on punishment and community safety, not rehabilitation, though treatment needs were noted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court violated Tapia by imposing/lengthening imprisonment to promote rehabilitation | Banes: sentence (and supervised-release term) was imposed to enable treatment/rehabilitation, violating Tapia | Government: sentence was for punishment and community protection; § 3553(a) permits considering treatment needs without relying on Tapia-prohibited basis | Affirmed: Court held, read in context, district court did not impose sentence to promote rehabilitation; punishment and public-safety reasons controlled |
Key Cases Cited
- Tapia v. United States, 564 U.S. 319 (2011) (court may not impose or lengthen prison to enable completion of treatment or promote rehabilitation)
- United States v. Holdsworth, 830 F.3d 779 (8th Cir. 2016) (contextual review can show treatment comments did not control sentence)
- United States v. Replogle, 678 F.3d 940 (8th Cir. 2012) (same)
- United States v. Werlien, 664 F.3d 1143 (8th Cir. 2011) (per curiam) (same)
- United States v. Blackmon, 662 F.3d 981 (8th Cir. 2011) (same)