United States v. Tumea, No. 14-3650 (8th Cir. 2016)
Annotate this CaseDefendant appealed his sentence after being convicted of unlawful possession of ammunition as a previously convicted felon and possession of an unregistered firearm. The court concluded that defendant's 96-month term of imprisonment is not unreasonable where the district court did not abuse its discretion in weighing the 18 U.S.C. 3553(a) factors. In this case, the district court acknowledged defendant's mental health concerns and considered the nature and circumstances of the offenses of conviction. However, the court also weighed the seriousness of defendant's offense and his fixation with dangerous weapons, as well as the safety concerns that defendant presented at trial and his unwillingness to get mental health treatment. The court also concluded that defendant's condition of supervised release forbidding him from possessing any object that could be used as a weapon is not overbroad or otherwise flawed. In regard to the condition of supervised release forbidding the possession of other dangerous items, the court concluded that the condition should be modified by adding the clause - “Except with prior approval of the probation office,”- at the beginning of the condition. Accordingly, the court affirmed the judgment as modified.
Court Description: Colloton, Author, with Bright and Wollman, Circuit Judges] Criminal case - Sentencing. District court acknowledged defendant's mental health issues and the seriousness and nature of the offense and, weighing these and other 3552(a) factors, did not abuse its discretion by imposing a sentence at the top of defendant's advisory guidelines range; special supervision provision forbidding defendant from possessing any object designed to conceal its nature as a weapon did not go any further than an unchallenged provision prohibiting defendant from possessing any dangerous weapon and was not fatally overbroad; special provision which prohibits possession of everyday items that could be converted into dangerous weapons is modified to permit defendant to possess them with prior approval of the probation office. Judge Bright, concurring.
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