United States v. Mario Johnson, No. 17-1184 (8th Cir. 2017)

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Court Description: Per Curiam. Before Wollman, Colloton, and Gruender, Circuit Judges] Criminal Case - revocation of supervised release. The district court did not plainly err in imposing a special condition of supervised release. [ July 11, 2017

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1184 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Mario Johnson, also known as Mario D. Clemons lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - Cape Girardeau ____________ Submitted: June 29, 2017 Filed: July 12, 2017 [Unpublished] ____________ Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Mario Johnson directly appeals after the district court1 revoked his supervised release and sentenced him to a within-guidelines prison term plus supervised release 1 The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the Eastern District of Missouri. with special conditions. His counsel has filed a brief arguing that the district court plainly erred in imposing special conditions of supervised release related to treatment programs. In addition, his counsel has moved for leave to withdraw. Upon careful review, we conclude that the district court did not plainly err in imposing the special conditions of supervised release. See United States v. Wisecarver, 644 F.3d 764, 775 (8th Cir. 2011) (explaining that unobjected-to special conditions of supervised release are reviewed for plain error); see also 18 U.S.C. § 3583(d) (providing that special release conditions must be reasonably related to 18 U.S.C. § 3553(a) sentencing factors and must involve no greater deprivation of liberty than is reasonably necessary to advance § 3553(a) purposes). Accordingly, we grant counsel leave to withdraw, and we affirm. ______________________________ -2-

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