United States v. Walters
2011 U.S. App. LEXIS 13643
| 8th Cir. | 2011Background
- Walters pleaded guilty to failing to register as a sex offender under 18 U.S.C. § 2250(a).
- District court sentenced Walters to 30 months’ imprisonment and 10 years’ supervised release.
- Special conditions included: (2) no alcohol use and no entry into bars; (4) no contact with minors without prior approval.
- Walters previously committed sexual offenses against minor family members and had limited aftercare from prior treatment.
- The court imposed the no-alcohol condition without a stated rationale or tailored findings.
- Walters appealed, challenging both special conditions as overbroad and not properly tailored.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Alcohol ban tailoring | Walters: lack of rational basis; no evidence alcohol spurred offense; PSR shows light alcohol use. | Government: prohibition supports rehabilitation and deterrence under Behler and related standards. | District court abused its discretion; vacate alcohol ban. |
| No-contact-with-minors condition | Walters: overbroad as applied to his own children; insufficient showing a lesser restriction would fail. | Government: two prior minor offenses and family relationships justify restriction; record supports. | Condition 4 affirmed. |
Key Cases Cited
- United States v. Bender, 566 F.3d 748 (8th Cir. 2009) (limits on supervised-release conditions must be reasonable and tailored to factors in §3553(a))
- United States v. Kelly, 625 F.3d 516 (8th Cir. 2010) (conditions must be tailored to offense, history, and needs)
- United States v. Wiedower, 634 F.3d 490 (8th Cir. 2011) (requires individualized inquiry and sufficient factual findings)
- United States v. Curry, 627 F.3d 312 (8th Cir. 2010) (importance of on-record justification for conditions)
- United States v. Simons, 614 F.3d 475 (8th Cir. 2010) (no-contact-with-minors condition upheld where history supports risk)
- United States v. Mark, 425 F.3d 505 (8th Cir. 2005) (no-contact with minors may be upheld when risk factors present)
- United States v. Behler, 187 F.3d 772 (8th Cir. 1999) (any alcohol use may hinder rehabilitation when record supports)
- United States v. Bass, 121 F.3d 1218 (8th Cir. 1997) (vacating alcohol ban where no evidence of dependence or impact on offense)