United States v. Munjak
2012 U.S. App. LEXIS 3949
8th Cir.2012Background
- Munjak pleaded guilty to one count of possession of child pornography under 18 U.S.C. § 2252A(a)(5)(B).
- The district court sentenced Munjak to 97 months' imprisonment followed by lifetime supervised release with special conditions.
- Munjak challenged the sentence as procedurally flawed and substantively unreasonable; he also challenged the Internet access restriction in supervised release.
- The court found the record reflected consideration of § 3553(a) factors and the sentence at the bottom of the advisory range within the guidelines.
- The Internet condition restricted Munjak’s Internet access due to possession/distribution of images, including violent depictions, with the court noting related deterrence and public-protection goals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly explained and considered § 3553(a). | Munjak argues inadequate explanation and consideration. | Munjak contends the court failed to articulate factors sufficiently. | No error; court properly considered § 3553(a) factors and explained reasons. |
| Whether the sentence is substantively reasonable under abuse-of-discretion review. | Munjak claims the court erred by disagreeing with guidelines yet staying within them. | Court may follow guidelines even if disagreeing; range was not abused. | Sentence within advisory range and not an abuse of discretion. |
| Whether the Internet access restriction on supervised release is lawful under § 3583(d) and plain-error standard. | Insufficient individualized findings for necessity of Internet restriction. | Condition is reasonably related to § 3553(a) factors and necessary for deterrence and protection. | No plain error; restriction reasonably related and necessary. |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (Supreme Court 2007) (requires consideration of § 3553(a) factors; may avoid lengthy explanation)
- Rita v. United States, 551 U.S. 338 (Supreme Court 2007) (guidelines application may be explained succinctly)
- McKanry, 628 F.3d 1010 (8th Cir. 2011) (need not recite factors mechanically)
- Barron, 557 F.3d 866 (8th Cir. 2009) (deviating from guidelines based on policy disagreement does not require outside-range sentencing)
- Wiedower, 634 F.3d 490 (8th Cir. 2011) (vacated similar Internet restriction in some cases; focus on individualized findings)
- Crume, 422 F.3d 728 (8th Cir. 2005) (vacated similar restrictions; reasonableness of conditions)
- Durham, 618 F.3d 921 (8th Cir. 2010) (upholds Internet restriction under similar facts)
- Thompson, 653 F.3d 688 (8th Cir. 2011) (plain-error review applied to supervised-release conditions)
- UNITED STATES v. Bender, 566 F.3d 748 (8th Cir. 2009) (considerations for special conditions relevance to § 3553(a))