United States v. Michael Franson
21-3999
| 8th Cir. | May 5, 2022Background
- Michael Franson appealed the district court’s revocation of his supervised release and related sentence.
- District court revoked supervised release and imposed time served plus 36 months of supervised release.
- Court imposed a special condition requiring the first 120 days of supervised release to be served in a residential reentry center (RRC).
- Franson (through counsel and pro se brief) challenged the reasonableness of the revocation sentence and sought removal/modification of a special condition banning electronic devices and internet access without approval.
- The district court stated it considered 18 U.S.C. § 3553(a) factors; the Eighth Circuit reviewed for abuse of discretion and affirmed.
- The Eighth Circuit held the RRC requirement and the denial of removal of the electronic/internet restriction were within the district court’s discretion.
Issues
| Issue | Franson's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether the revocation sentence was unreasonable | Sentence was substantively unreasonable | Sentence is within statutory limits and properly considered § 3553(a) factors | Affirmed; no abuse of discretion |
| Whether 120-day RRC requirement was unreasonable | RRC term was unnecessary or overly restrictive | RRC term was reasonably related to Franson’s history of violations | Affirmed; RRC condition reasonable |
| Whether bar on electronic devices/internet should be removed | Condition is overly broad and should be modified | District court record supports denial; condition tailored to concerns | Affirmed; denial of modification not an abuse of discretion |
Key Cases Cited
- United States v. Miller, 557 F.3d 910 (8th Cir. 2009) (abuse-of-discretion standard for supervised-release revocation review)
- United States v. Larison, 432 F.3d 921 (8th Cir. 2006) (Chapter 7 revocation range advisory; revocation sentence unreasonable if court ignores § 3553(a) or relies on improper factors)
- United States v. Callaway, 762 F.3d 754 (8th Cir. 2014) (within-Guidelines revocation sentence may be presumed reasonable)
- United States v. Wohlman, 651 F.3d 878 (8th Cir. 2011) (court need not mechanically recite § 3553(a) if record shows consideration)
- United States v. Melton, 666 F.3d 513 (8th Cir. 2012) (terms in RRC routinely upheld as reasonable special conditions of supervised release)
- United States v. Mosby, 719 F.3d 925 (8th Cir. 2013) (denial of motion to modify supervised-release terms reviewed for abuse of discretion)
- United States v. Simpson, 932 F.3d 1154 (8th Cir. 2019) (courts encouraged to explain how conditions satisfy 18 U.S.C. § 3583(d); reversal not required if record shows basis)