Filed: May 09, 2016
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-3902 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Joanna Rae Dungy lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Southern District of Iowa - Des Moines _ Submitted: May 4, 2016 Filed: May 9, 2016 [Unpublished] _ Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges. _ PER CURIAM. Joanna Rae Dungy directly appeals the district court’s1 judgment revoking her supe
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-3902 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Joanna Rae Dungy lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Southern District of Iowa - Des Moines _ Submitted: May 4, 2016 Filed: May 9, 2016 [Unpublished] _ Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges. _ PER CURIAM. Joanna Rae Dungy directly appeals the district court’s1 judgment revoking her super..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-3902
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Joanna Rae Dungy
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Des Moines
____________
Submitted: May 4, 2016
Filed: May 9, 2016
[Unpublished]
____________
Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges.
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PER CURIAM.
Joanna Rae Dungy directly appeals the district court’s1 judgment revoking her
supervised release and sentencing her to two months in prison and three years of
1
The Honorable Robert W. Pratt, United States District Judge for the Southern
District of Iowa.
supervised release with a special condition that she reside in a residential re-entry
program for up to 120 days following her incarceration. On appeal, Dungy argues
that the court lacked statutory authority to order placement in the residential re-entry
program and that the court abused its discretion in imposing this condition.
After careful review, this court affirms. See 18 U.S.C. § 3583(d) (court may
order special release condition that is reasonably related to 18 U.S.C. § 3553(a)
factors, involves no greater deprivation of liberty than reasonably necessary, and is
consistent with policy statements); United States v. Wiedower,
634 F.3d 490, 493
(8th Cir. 2011) (court has broad discretion when imposing release conditions; when
crafting special condition, court must make individualized inquiry into facts and
circumstances underlying case and make sufficient findings on record so as to ensure
condition satisfies statutory requirements).
The judgment is affirmed, and counsel’s motion to withdraw is granted.
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