Eighth Circuit - Supervised Release

United States v. Brown, 947 F.3d 503 (8th Cir. 2020). The court correctly determined that the defendant had committed Missouri second-degree assault, a grade A supervised release violation under §7B1.1(a)(1)(A)(i), rather than simple assault. When the defendant lunged at the deputy and placed his hands on the deputy’s weapon with intent to remove it, the court explained, he took a substantial step toward committing assault with at least the threat of violence.

United States v. Sterling, 959 F.3d 855 (8th Cir. 2020). A condition of supervised release that required the defendant to disclose “any” financial information requested by the probation office, including unexpected financial gains, was vague and overbroad. There was no evidence that the defendant committed monetary crimes or was at risk of doing so in the future. The condition imposed a greater deprivation of liberty than reasonably necessary under 18 U.S.C. § 3583(d)(2) and it was not necessary to protect the public under §5F1.5(b).

United States v. Porter, 974 F.3d 905 (8th Cir. 2020). The court did not give undue weight to an impermissible sentencing factor, that is, respect for the law, in revoking the defendant’s supervised release. The court’s respect-for-the-law comment was relevant to the defendant’s breach of trust, and in explaining its decision, the court began with a discussion of the defendant’s history and characteristics.

United States v. Trent, 995 F.3d 1029 (8th Cir. 2021). The court erred in ruling that possession of a controlled substance was a Grade A, rather than a Grade B violation, under §7B1.1(a)(1).

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