United States v. Simpson, No. 18-1692 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed the district court's revocation of defendant's supervised release for the third time and sentence, as well as the reimposition of a life term of supervised release and new conditions of supervision. The court held that the district court did not abuse its discretion by imposing a 24-month revocation sentence because it properly considered the 18 U.S.C. 3553(a) factors, and did not overlook a relevant factor, or commit a clear error in weighing relevant factors. Furthermore, the sentence was below the statutory limit and defendant's objection to the district court reimposing old supervised release conditions amounted to an improper collateral attack of the underlying sentence. Finally, the record supported the condition requiring defendant to submit to periodic polygraph testing, and there was no abuse of discretion in the imposition of a special condition prohibiting the use or possession of audio/visual recording or producing equipment absent written approval of the probation office.
Court Description: Benton, Author, with Wollman and Kelly, Circuit Judges] Criminal case - Sentencing. Sentence imposed upon the revocation of defendant's supervised release was not an abuse of the district court's discretion; reasons for the special conditions imposed at sentencing (polygraph testing, bar on the possession of certain electronic recording equipment), were evident from the record and would not be reversed; arguments raised and rejected in defendant's prior revocation appeals would not be reconsidered. Judge Kelly, dissenting.
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