United States v. Roger Wilson
2013 U.S. App. LEXIS 3100
| 3rd Cir. | 2013Background
- Wilson pled guilty to two drug charges with a broad appellate waiver covering the sentence; the waiver did not expressly include post-sentencing modifications of supervision terms.
- Sentence: 65 months in prison followed by six years of supervised release.
- Wilson challenged the waiver’s scope and appealed after the district court modified his supervised-release conditions to require mental-health assessment/treatment.
- Wilson was released from prison and began supervised release; three months later, a probation officer sought modification based on alleged mental state concerns.
- District court ordered mental-health evaluation and possible treatment on March 14, 2012; Wilson timely appealed.
- The panel must decide whether the appellate waiver bars this modification-issue appeal and, if not, review the modification for abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the appellate waiver bar appeal of a post-sentencing modification | Government: waiver covers sentence and its terms, including supervised-release conditions | Wilson: waiver does not explicitly cover later modifications of sentence terms | Waiver does not bar the modification-appeal |
| Is the modification order reviewed for abuse of discretion under §3583(e)(2) and 3553(a) | Government argues the modification is reasonable and supported by §3553(a) factors | Wilson pro se; does not negate the hearing or consideration of factors | Modification upheld as reasonable and within district court discretion |
Key Cases Cited
- Lonjose, United States v., 663 F.3d 1292 (10th Cir. 2011) (appeal from modification not barred by broad waiver; scope matters)
- Carruth, United States v., 528 F.3d 845 (11th Cir. 2008) (more detailed waivers may bar modifications; lack of specific language here)
- Corso, United States v., 549 F.3d 921 (3d Cir. 2008) (threshold question: validity and scope of appellate waiver)
- Goodson, United States v., 544 F.3d 529 (3d Cir. 2008) (sentence and conditions as part of the judgment; waiver scope)
- Khattak, United States v., 273 F.3d 557 (3d Cir. 2001) (de novo review of appellate-waiver validity and scope)
- Murray, United States v., 692 F.3d 273 (3d Cir. 2012) (abuse-of-discretion review for modification of supervised release)
- Smith, United States v., 445 F.3d 713 (3d Cir. 2006) (abuse of discretion standard for modification)
- Heckman, United States v., 592 F.3d 400 (3d Cir. 2010) (delegation concerns for mental-health treatment order)