United States v. Jerry Alan Morey

Eighth Circuit

United States v. Jerry Alan Morey

120 F.3d 142, 1997 U.S. App. LEXIS 18185, 1997 WL 405955

CourtCourt of Appeals for the Eighth Circuit

DecidedJuly 22, 1997

Docket97-1377

StatusPublished

Cited by7 cases

This text of 120 F.3d 142 (United States v. Jerry Alan Morey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Jerry Alan Morey, 120 F.3d 142, 1997 U.S. App. LEXIS 18185, 1997 WL 405955 (8th Cir. 1997).

Pincite

Opinion

PER CURIAM.

Jerry Morey pleaded guilty to theft of mail by a postal employee. The district court 1 sentenced him to eight months in prison and three years of supervised release. Morey now appeals two special conditions of his supervised release. As he did not object to these conditions at sentencing, we are limited to plain error review. See United, States v. Iversen, 90 F.3d 1340, 1343 (8th Cir.1996).

First, Morey argues that requiring him to “participate, as instructed by the probation officer, in a program ... for treatment of narcotic addiction or drug dependency” improperly transfers to the probation officer the duty of the court to establish periodic drug testing, one of the conditions mandated in 18 U.S.C. § 3583(d). We disagree. Section 3583(d) authorizes the district court to impose discretionary supervised release conditions. Morey is a long-term drug addict who stole to feed his addiction. His sentence mandates five hundred hours of drug treatment while he is in prison. Giving the probation officer authority to require additional drug treatment during supervised release is an appropriate discretionary condition that goes beyond the drug testing mandated by § 3583(d). Similar conditions have been imposed in prior cases. See United States v. Schoenrock, 868 F.2d 289, 290 n. 3 (8th Cir.1989).

Second, Morey argues that the condition forbidding him to own or possess a firearm while on supervised release is invalid because it is unrelated to his offense. However, § 3583(d) mandates the explicit condition that he not commit a crime during supervised release. Morey is now a convicted felon who may not lawfully possess a firearm. See 18 U.S.C. § 922(g)(1). By clarifying a portion of the mandatory condition that he not commit a crime, this condition would seem to benefit Morey. In any event, its imposition cannot be plain error. See U.S.S.G. § 5B1.4(b)(14).

The judgment of the district court is affirmed.

1

. The HONORABLE MICHAEL J. DAVIS, United Slates District Judge for the District of Minnesota.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Jerry Morey pleaded guilty to theft of mail by a postal employee. The district court 1 sentenced him to eight months in prison and three years of supervised release. Morey now appeals two special conditions of his supervised release. As he did not object to these conditions at sentencing, we are limited to plain error review. See United, States v. Iversen, 90 F.3d 1340, 1343 (8th Cir.1996).

First, Morey argues that requiring him to “participate, as instructed by the probation officer, in a program ... for treatment of narcotic addiction or drug dependency” improperly transfers to the probation officer the duty of the court to establish periodic drug testing, one of the conditions mandated in 18 U.S.C. § 3583(d). We disagree. Section 3583(d) authorizes the district court to impose discretionary supervised release conditions. Morey is a long-term drug addict who stole to feed his addiction. His sentence mandates five hundred hours of drug treatment while he is in prison. Giving the probation officer authority to require additional drug treatment during supervised release is an appropriate discretionary condition that goes beyond the drug testing mandated by § 3583(d). Similar conditions have been imposed in prior cases. See United States v. Schoenrock, 868 F.2d 289, 290 n. 3 (8th Cir.1989).

Second, Morey argues that the condition forbidding him to own or possess a firearm while on supervised release is invalid because it is unrelated to his offense. However, § 3583(d) mandates the explicit condition that he not commit a crime during supervised release. Morey is now a convicted felon who may not lawfully possess a firearm. See 18 U.S.C. § 922(g)(1). By clarifying a portion of the mandatory condition that he not commit a crime, this condition would seem to benefit Morey. In any event, its imposition cannot be plain error. See U.S.S.G. § 5B1.4(b)(14).

The judgment of the district court is affirmed.

1

. The HONORABLE MICHAEL J. DAVIS, United Slates District Judge for the District of Minnesota.

Cite This Page — Counsel Stack

Bluebook (online)

120 F.3d 142, 1997 U.S. App. LEXIS 18185, 1997 WL 405955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jerry-alan-morey-ca8-1997.

Opinion

Related

Cite This Page — Counsel Stack