United States v. Martin Wilson
2013 U.S. App. LEXIS 5075
8th Cir.2013Background
- Wilson was sentenced to 41 months in prison followed by three years of supervised release for felon-in-possession and domestic abuse charges.
- District court revoked Wilson’s supervised release and ordered no contact with the domestic abuse victim, C.D., during imprisonment and supervision.
- The government alleged violations of supervised release including missing urine tests, alcohol use, and violations of a no-contact order; it withdrew the abuse allegation but Wilson admitted several violations.
- Magistrate Judge recommended revocation and a six-month imprisonment term, plus no-contact with C.D. during imprisonment and supervision.
- The district court adopted the recommendation, concluding the no-contact order was warranted given Wilson’s repeated no-contact violations and noncompliance with the Iowa order.
- Wilson appeals only the no-contact order as applied to his term of imprisonment and supervision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the no-contact order during supervision was proper without a finding of assault. | Government: no-contact justified by violations of the Iowa order and need to deter future conduct. | Wilson: no explicit finding of assault; past violations do not justify ongoing no-contact. | Not an abuse of discretion; no-contact justified by related grounds and public deterence. |
| Whether extending the no-contact order to imprisonment was binding or merely a recommendation, and harmless. | Government: order could be binding but error harmless since Wilson completed imprisonment. | Wilson: district court lacked authority to bind BOP; error potentially reversible. | Error deemed harmless; even if binding, no measurable impact on rights; not reversible. |
| Whether the appeal is moot given Wilson has completed imprisonment. | Government: appeal not moot due to ongoing supervised release term and potential for repeat actions. | Wilson: moot since imprisonment completed. | Not moot under controlling precedent; actions are short in duration and may recur. |
Key Cases Cited
- United States v. Crume, 422 F.3d 728 (8th Cir. 2005) (special conditions must be reasonably related and not greater deprivation of liberty)
- United States v. Smart, 472 F.3d 556 (8th Cir. 2006) (special condition upheld when tied to offense and history)
- United States v. Walters, 643 F.3d 1077 (8th Cir. 2011) (no-contact order not an abuse of discretion; rehabilitative purpose)
- United States v. Kerr, 472 F.3d 517 (8th Cir. 2006) (district court recommendations to BOP are not binding)
- United States v. Johnson, 517 F.3d 1020 (8th Cir. 2008) (de novo review of district court authority; harmless error analysis)
- United States v. Melton, 666 F.3d 513 (8th Cir. 2012) (not moot where appeal involves ongoing release terms and previous revocations)