United States v. Eugene P. Kent, 209 F.3d 1073 (8th Cir. 2000). · Go Syfert
United States v. Eugene P. Kent, 209 F.3d 1073 (8th Cir. 2000). Cases Citing This Book View Copy Cite
“he use of the condition as a deterrent makes little sense in light of the fact that the behavior -18- to be deterred had ceased independently.”
193 citation events (184 in the last 25 years) across 18 distinct courts.
Strongest positive: United States v. Morales-Cruz (ca1, 2013-04-05) · Strongest negative: United States v. Dominic Bernardine (ca11, 2001-01-08)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Limited United States v. Dominic Bernardine
11th Cir. · 2001 · confidence medium
See Davis, 151 F.3d at 1307 ; United States v. Kent, 209 F.3d 1073, 1078 (8th Cir. 2000) (Section 3603(10) is broad, but “it is limited by the probation officer’s status as a nonjudicial officer.”).
discussed Cited "but see" United States v. Leroy Alfonso Bull
11th Cir. · 2000 · signal: but see · confidence high
But see United States v. Kent, 209 F.3d 1073 (8th Cir.2000)(distriet court abused its discretion by ordering defendant convicted of mail fraud to undergo counseling program based on “groundless assumption” that defendant would abuse his wife upon release from prison even though he had neither physically abused nor threatened her in over a decade).
discussed Cited "but see" United States v. Bull
11th Cir. · 2000 · signal: but see · confidence high
But see United States v. Kent, 209 F.3d 1073 (8th Cir. 2000)(district court abused its discretion by ordering defendant convicted of mail fraud to undergo counseling program based on “groundless assumption” that defendant would abuse his wife upon release from prison even though he had neither physically abused nor threatened her in over a decade).
examined Cited as authority (verbatim quote) United States v. Morales-Cruz (4×) also: Cited as authority (rule)
1st Cir. · 2013 · quote attribution · 2 verbatim quotes · confidence high
he use of the condition as a deterrent makes little sense in light of the fact that the behavior -18- to be deterred had ceased independently.
discussed Cited as authority (quoted) United States v. Sicher
3rd Cir. · 2000 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
he special condition imposed need not be related to each and every one of the factors
discussed Cited as authority (rule) United States v. Bragg
9th Cir. · 2026 · signal: cf. · confidence medium
“The most important limitation is that a probation officer [or a treatment provider] may not decide the nature or extent of the punishment imposed upon a probationer.” Id. at 881 (emphasis added); see also United States v. Esparza, 552 F.3d 1088, 1091 (9th Cir. 2009) (vacating a condition where “the decision whether Defendant would receive inpatient or outpatient treatment is left to the discretion of the probation officer”); United States v. Nishida, 53 F.4th 1144 , 1152 (9th Cir. 2022) (vacating a condition where “the probation officer (in consultation with the treatment provider) …
discussed Cited as authority (rule) Davis v. United States (2×)
D.C. · 2023 · confidence medium
Indeed prior to 2000, courts had “been faced many times with the question of the proper amount of authority to be delegated a probation officer,” United States v. Kent, 209 F.3d 1073, 1078 (8th Cir. 2000), including in Johnson, which preceded the creation of CSOSA by several years, see Johnson, 48 F.3d at 809 (quoting Arnold v. United States, 271 F.2d 440, 441 (4th Cir. 1959) for the proposition that “duties imposed upon the Court cannot be discharged . . . by the probation officer”).
discussed Cited as authority (rule) United States v. Clayton Jackson (2×) also: Cited "see"
8th Cir. · 2022 · confidence medium
In order to lawfully “impose the special condition of participation in a mental health program, the court must have reason to believe the party is in need of such treatment.” United States v. Wynn, 553 F.3d 1114, 1120 (8th Cir. 2009) (quoting United States v. Kent, 209 F.3d 1073, 1076 (8th Cir. 2000)).
discussed Cited as authority (rule) United States v. David Culver
6th Cir. · 2021 · confidence medium
Appellant’s Br. 9–10 (citing Carter, 463 F.3d at 528 (17-year-old sex-offense conviction did not support special condition in felon-in- possession case); United States v. Kent, 209 F.3d 1073, 1074, 1077 (8th Cir. 2000) (13-year-old domestic-abuse allegations did not support special condition in mail-fraud case)).
discussed Cited as authority (rule) SCHUTZEUS v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE
W.D. Pa. · 2020 · confidence medium
See, e.g., United States v. Pruden, 398 F.3d 241, 250 (3d Cir. 2005); United States v. Bernardine, 237 F.3d 1279 , 1283 (11th Cir. 2001); United States v. Kent, 209 F.3d 1073, 1078-79 (8th Cir. 2000); United States v. Johnson, 48 F.3d 806, 808-09 (4th Cir. 1995).
discussed Cited as authority (rule) United States v. Johnny Byrd
4th Cir. · 2020 · confidence medium
See United States v. Heath, 419 F.3d 1312, 1315 (11th Cir. 2005) (finding that delegating to probation office authority to decide whether defendant will participate in a treatment program is a violation of Article III); United States v. Peterson, 248 F.3d 79, 85 (2d Cir. 2001) (“If [defendant] is required to participate in a mental health intervention only if directed to do so by his probation officer, then this special condition constitutes an impermissible delegation of judicial authority to the probation officer.”); see also United States v. Sines, 303 F.3d 793, 799 (7th Cir. 2002) (“…
discussed Cited as authority (rule) United States v. George Yarbrough
5th Cir. · 2017 · confidence medium
United States v. Heath, 419 F.3d 1312, 1315 (11th Cir. 2005); see also United States v. Pruden, 398 F.3d 241, 250-51 (3d Cir. 2005) (mental health treatment); United States v. Peterson, 248 F.3d 79, 85 (2d Cir. 2001); United States v. Kent, 209 F.3d 1073, 1078-79 (8th Cir. 2000) (mental health treatment); United States v. Figuereo, 404 F.3d 537, 542-43 (1st Cir. 2005) (drug testing); United States v. Stephens, 424 F.3d 876, 882-84 (9th Cir. 2005) (drug testing); United States v. Sines, 303 F.3d 793, 799 (7th Cir. 2002) (sex- offender treatment).
discussed Cited as authority (rule) United States v. George Yarbrough (2×)
5th Cir. · 2017 · confidence medium
United States v. Heath, 419 F.3d 1312, 1315 (11th Cir.2005); see also United States v. Pruden, 398 F.3d 241, 250-51 (3d Cir.2005) (mental health treatment); United States v. Peterson, 248 F.3d 79, 85 (2d Cir.2001); United States v. Kent, 209 F.3d 1073, 1078-79 (8th Cir.2000) (mental health treatment); United States v. Figuereo, 404 F.3d 537, 542-43 (1st Cir.2005) (drug testing); United States v. Stephens, 424 F.3d 876, 882-84 (9th Cir.2005) (drug testing); United States v. Sines, 303 F.3d 793, 799 (7th Cir.2002) (sex- offender treatment).
discussed Cited as authority (rule) United States v. Daniel Lomas, III (2×)
5th Cir. · 2016 · confidence medium
Specifically, this court said: The Eleventh Circuit has found that an impermissible delegation of judicial authority occurs when a court gives "the probation officer the authority to decide whether a defendant will participate in a treatment program,” as opposed to authority over the implementation of the treatment; United States v. Heath, 419 F.3d 1312, 1315 (11th Cir.2005); see also United States v. Pruden, 398 F.3d 241, 250-51 (3d Cir.2005) (mental health treatment); United States v. Peterson, 248 F.3d 79, 85 (2d Cir.2001); United States v. Kent, 209 F.3d 1073, 1078-79 (8th Cir.2000) (men…
discussed Cited as authority (rule) State v. Billy Joe Putnam (2×)
Vt. · 2015 · confidence medium
See United States v. Heath, 419 F.3d 1312, 1315 (11th Cir. 2005) (holding that condition allowing probation officer to decide whether defendant must participate in mental-health program was unlawful delegation of judicial function in violation of Article III of U.S. Constitution); United States v. Kent, 209 F.3d 1073, 1074, 1079 (8th Cir. 2000) (concluding that condition stating that defendant must “participate in an appropriate psychologicai/psychiatric counseling program as directed by his probation officer” improperly delegated judicial function to probation officer); State v. Blakney, …
discussed Cited as authority (rule) United States v. LeCompte
10th Cir. · 2015 · confidence medium
See, e.g., United States v. Sharp, 469 Fed.Appx. 523 , 525-26 (9th Cir.2012) (unpublished) (vacating sex offender conditions imposed for a felon in possession of a firearm conviction because the 10-year-old sex offense was too old and the conditions were not "reasonably related to his past violations of court-ordered conditions, none of which involved sexual behavior”); United States v. Kent, 209 F.3d 1073, 1074, 1077 (8th Cir.2000) (vacating a condition prohibiting contact with the defendant’s wife imposed for a white-collar conviction when the physical, mental, and emotional abuse of the…
discussed Cited as authority (rule) United States v. Bear (2×)
10th Cir. · 2014 · confidence medium
Mike, 632 F.3d at 695 ; United States v. Kent, 209 F.3d 1073, 1078 (8th Cir.2000).
discussed Cited as authority (rule) State v. Blakney (2×)
S.D. · 2014 · confidence medium
United States v. Heath, 419 F.3d 1312, 1315 (11th Cir. 2005) (improper to delegate to the probation officer the authority to determine whether defendant should participate in a mental health program); United States v. Pruden, 398 F.3d 241, 251 (3d Cir. 2005) (same); United States v. Allen, 312 F.3d 512, 516 (1st Cir. 2002) (proper because the court expressly required defendant to participate in a mental health program and delegated only the authority over the administrative details); United States v. Peterson, 248 F.3d 79, 85 (2d Cir. 2001) (proper to delegate to the probation officer the auth…
discussed Cited as authority (rule) Doe v. United States Parole Commission
D.D.C. · 2013 · confidence medium
See United States v. Dougan, 684 F.3d 1030, 1037 (10th Cir.2012) (seventeen-year-old conviction); United States v. Sharp, 469 Fed.Appx. 523 , 525 (9th Cir.2012) (sex offense “more than a decade old” at time of sentencing); United States v. Thomas, 212 Fed.Appx. 483, 487 (6th Cir.2007) (twenty-year-old conviction); United States v. Carter, 463 F.3d 526, 531-32 (6th Cir.2006) (seventeen-year-old convictions); United States v. T.M., 330 F.3d 1235, 1240-41 (9th Cir.2003) (twenty-year-old conviction and forty-year-old charge); United States v. Scott, 270 F.3d 632, 636 (8th Cir.2001) (fifteen-ye…
discussed Cited as authority (rule) United States v. Zielinski
2d Cir. · 2013 · confidence medium
Although we are aware that some circuits have held that imposing sex-offender conditions can be an abuse of discretion where the past sex offense is temporally remote and minimal intervening circumstances exist, see, e.g., United States v. Dougan, 684 F.3d 1030, 1034-37 (10th Cir.2012) (17 year-old sex offense); United States v. Carter, 463 F.3d 526, 527 (6th Cir.2006) (17 year-old sex offense); United States v. T.M., 330 F.3d 1235, 1237-40 (9th Cir.2003) (20 year-old sex offense); United States v. Kent, 209 F.3d 1073, 1077 (8th Cir.2000) (13 year-old sex offense), we conclude that the Distric…
discussed Cited as authority (rule) United States v. Dougan
10th Cir. · 2012 · confidence medium
United States v. Kent, 209 F.3d 1073, 1077 (8th Cir.2000) (vacating special condition requiring mental health counseling where abuse occurred thirteen years before hearing and offense at issue involved unrelated conduct); United States, v. Smith, 655 F.3d 839, 847 (8th Cir.2011) (upholding special sex-offender conditions, "[e]ven though [defendant's] sex offense 12 years ago might not by itself support the conditions, where his failure-to-register convictions, while not involving sexual activity, showed refusal to abide by the restrictions placed on sex offenders”).
discussed Cited as authority (rule) United States v. Smith (2×) also: Cited "see, e.g."
8th Cir. · 2011 · confidence medium
See Scott, 270 F.3d at 636 (15 years since sexual abuse unrelated to offense of conviction; no evidence of future propensity to commit sex crimes); United States v. Kent, 209 F.3d 1073, 1077 (8th Cir.2000) (13 years since domestic violence incident unrelated to offense of conviction; no evidence of need for treatment).
discussed Cited as authority (rule) United States v. Thompson
8th Cir. · 2011 · confidence medium
Although we have recognized that a special condition of supervised release can potentially constitute an impermissible delegation of judicial authority, see United States v. Kent, 209 F.3d 1073, 1078-79 (8th Cir.2000), such an impermissible delegation occurs only where the district court gives an “affirmative indication” that it will not retain “ultimate authority over all of the conditions of supervised release,” United States v. Wynn, 553 F.3d 1114, 1120 (8th Cir.2009).
discussed Cited as authority (rule) United States v. Hannaweeke
D.N.M. · 2011 · confidence medium
“But it is an abuse of discretion to order psychological or psychiatric treatment when there is no evidence that it is necessary or would be helpful.” United States v. Majors, 426 Fed.Appx. at 668 (citing United States v. Kent, 209 F.3d 1073, 1077-78 (8th Cir.2000)).
discussed Cited as authority (rule) United States v. Bishop
5th Cir. · 2010 · confidence medium
See, e.g., United States v. Heath, 419 F.3d 1312, 1315 (11th Cir.2005) (finding that delegating to the probation office the authority to decide whether a defendant will participate in a treatment program is a violation of Article III); see also United States v. Peterson, 248 F.3d 79, 85 (2d Cir.2001) ("If [the defendant] is required to participate in a mental health intervention only if directed to do so by his probation officer, then this special condition constitutes an impermissible delegation of judicial authority to the probation officer.”); United States v. Pruden, 398 F.3d 241, 251 (3…
discussed Cited as authority (rule) United States v. Miller
4th Cir. · 2009 · confidence medium
See United States v. Peterson, 248 F.3d 79, 85 (2d Cir.2001) (“If [the defendant] is required to participate in a mental health intervention only if directed to do so by his probation officer, then this special condition constitutes an impermissible delegation of judicial authority to the probation officer.”); see also United States v. Pruden, 398 F.3d 241, 251 (3d Cir.2005) (expressing agreement with Peterson); United States v. Allen, 312 F.3d 512, 515-16 (1st Cir.2002) (same); United States v. Sines, 303 F.3d 793, 799 (7th Cir.2002) (“[A] district court ... must itself impose the actua…
discussed Cited as authority (rule) United States v. Bender
8th Cir. · 2009 · confidence medium
The district court can delegate limited authority to non-judicial officials “so long as the delegating judicial officer retains and exercises ultimate responsibility.” United States v. Mickelson, 433 F.3d 1050, 1056 (8th Cir.2006), discussing United States v. Kent, 209 F.3d 1073, 1079 (8th Cir.2000).
discussed Cited as authority (rule) United States v. William Bender
8th Cir. · 2009 · confidence medium
The district court can delegate limited authority to non-judicial officials “so long as the delegating judicial officer retains and exercises ultimate responsibility.” United States v. Mickelson, 433 F.3d 1050, 1056 (8th Cir. 2006), discussing United States v. Kent, 209 F.3d 1073, 1079 (8th Cir. 2000).
discussed Cited as authority (rule) United States v. Carl Wynn, Jr. (2×)
8th Cir. · 2009 · confidence medium
The court’s order provided that “[d]uring Supervised Release, the Defendant shall participate in mental health counseling (if so directed) under the supervision of the U.S. Probation Office.” (The original order of probation required that Wynn “shall participate in mental health counseling under the supervision of the U.S. Probation Office.”) Wynn contends that there is no nexus between his offense and any mental condition, and that the mental health counseling ordered by the district court is not reasonably related to the nature and circumstances of his offense, or the history and c…
discussed Cited as authority (rule) United States v. Wynn
8th Cir. · 2009 · confidence medium
The court’s order provided that “[djuring Supervised Release, the Defen *1120 dant shall participate in mental health counseling (if so directed) under the supervision of the U.S. Probation Office.” (The original order of probation required that Wynn “shall participate in mental health counseling under the supervision of the U.S. Probation Office.”) Wynn contends that there is no nexus between his offense and any mental condition, and that the mental health counseling ordered by the district court is not reasonably related to the nature and circumstances of his offense, or the histor…
discussed Cited as authority (rule) United States v. Lomas
5th Cir. · 2008 · confidence medium
United States v. Heath, 419 F.3d 1312, 1315 (11th Cir.2005); see also United States v. Pruden, 398 F.3d 241, 250-51 (3d Cir.2005) (mental health treatment); United States v. Peterson, 248 F.3d 79, 85 (2d Cir.2001); United States v. Kent, 209 F.3d 1073, 1078-79 (8th Cir.2000) (mental health treatment); United States v. Figuereo, 404 *301 F.3d 537, 542-43 (1st Cir.2005) (drug testing); United States v. Stephens, 424 F.3d 876, 882-84 (9th Cir.2005) (drug testing); United States v. Sines, 303 F.3d 793, 799 (7th Cir.2002) (sex-offender treatment).
cited Cited as authority (rule) United States v. Kenny Eugene Smart
8th Cir. · 2006 · confidence medium
United States v. Kent, 209 F.3d 1073, 1078-79 (8th Cir. 2000); see also 18 U.S.C. § 3603 .
cited Cited as authority (rule) United States v. Kenny Eugene Smart
8th Cir. · 2006 · confidence medium
United States v. Kent, 209 F.3d 1073, 1078-79 (8th Cir.2000); see also 18 U.S.C. § 3603 .
discussed Cited as authority (rule) United States v. Michael T. Kerr
8th Cir. · 2006 · confidence medium
Likewise, in United States v. Kent, 209 F.3d 1073, 1074 (8th Cir.2000), we found the district court abused its discretion by imposing a special condition requiring the defendant to undergo psychological counseling where he had been convicted of mail fraud.
discussed Cited as authority (rule) United States v. Michael Kerr
8th Cir. · 2006 · confidence medium
Likewise, in United States v. Kent, 209 F.3d 1073, 1074 (8th Cir. 2000), we found the district court abused its discretion by imposing a special condition requiring the defendant to undergo psychological counseling where he had been convicted of mail fraud.
cited Cited as authority (rule) United States v. Jedediah Conelly
8th Cir. · 2006 · confidence medium
United States v. Kent, 209 F.3d 1073, 1075-76 (8th Cir.2000) (citing U.S.S.G. § 501.3(d)(5) (1998)).
cited Cited as authority (rule) United States v. Jedediah Conelly
8th Cir. · 2006 · confidence medium
United States v. Kent, 209 F.3d 1073, 1075-76 (8th Cir. 2000) (citing U.S.S.G. § 5D1.3(d)(5) (1998)).
discussed Cited as authority (rule) United States v. David T. Mark
8th Cir. · 2005 · confidence medium
In United States v. Kent, 209 F.3d 1073, 1079 (8th Cir.2000), on which Mark relies, we held that where a court “explicitly stated it hoped it would not be ‘riding herd’ in the probation officer’s decision to require Kent to undergo psychiatric treatment,” the condition imposed was inconsistent with both Article III and U.S.S.G. § 5D1.3(b), because it was “entirely possible that Kent’s probation officer, as opposed to the court, would retain and exercise ultimate responsibility over the situation.” 209 F.3d at 1079 .
discussed Cited as authority (rule) United States v. David T. Mark
8th Cir. · 2005 · confidence medium
In United States v. Kent, 209 F.3d 1073, 1079 (8th Cir. 2000), on which Mark relies, we held that where a court “explicitly stated it hoped it would not be ‘riding herd’ in the probation officer’s decision to require Kent to undergo psychiatric treatment,” the condition imposed was inconsistent with both Article III and U.S.S.G. § 5D1.3(b), because it was “entirely possible that Kent’s probation officer, as opposed to the court, would retain and exercise ultimate responsibility over the situation.” 209 F.3d at 1079 .
discussed Cited as authority (rule) United States v. Stephens (2×)
9th Cir. · 2005 · confidence medium
Cases involving mental health treatment include United States v. Kent, 209 F.3d 1073, 1079 (8th Cir. 2000) (court’s order that if counseling “be- comes necessary” probation officer may determine whether defendant must participate, was inconsistent with Article III because punishment is a judicial function, and the guidelines state that the court may impose that condition); United States v. Peterson, 248 F.3d 79, 85 (2nd Cir. 2001) (special condition of supervised release requiring sexual offender counsel- 12088 UNITED STATES v. STEPHENS tion courts impose on permitting a probation office…
examined Cited as authority (rule) United States v. Antonio D. Stephens (4×)
9th Cir. · 2005 · confidence medium
The law has, by and large, developed along the principle that, where the court makes the determination of whether a defendant must abide by a condition, and how (or, when the condition involves a specific act such as drug testing, how many times) a defendant will be subjected to the condition, it is permissible to delegate to the probation officer the details of where and when the condition will be satisfied. 2 The limitation courts impose on permitting a probation officer to determine questions such as the manner by which a defendant will pay his restitution, whether drug testing will occur, …
discussed Cited as authority (rule) United States v. Huffman (2×)
10th Cir. · 2005 · confidence medium
See also Pruden, 398 F.3d at 251 (finding an unconstitutional delegation of authority in a condition of supervised release allowing probation officer to determine need for mental health treatment); United States v. Kent, 209 F.3d 1073, 1079 (8th Cir. 2000) (unlawful delegation of judicial authority where probation officer authorized to determine if person sentenced must attend a psychological/ psychiatric counseling program).
discussed Cited as authority (rule) United States v. Hilda Cervantes
8th Cir. · 2005 · confidence medium
See, e.g., United States v. Scott, 270 F.3d 632, 634-35 (8th Cir.2001) (discretionary conditions for sex offenders); United States v. Kent, 209 F.3d 1073, 1074 (8th Cir.2000) (discretionary conditions imposing psychological/psychiatric counseling); United States v. Bass, 121 F.3d 1218, 1223 (8th Cir.1997) (discretionary conditions restricting possession or use of alcohol, authorizing tests for alcohol in body fluids, and authorizing warrantless search and seizure of alcohol in residence and vehicles).
discussed Cited as authority (rule) United States v. Hilda Cervantes
8th Cir. · 2005 · confidence medium
See, e.g., United States v. Scott, 270 F.3d 632 , 634–35 (8th Cir. 2001) (discretionary conditions for sex offenders); United States v. Kent, 209 F.3d 1073, 1074 (8th Cir. 2000) (discretionary conditions imposing psychological/psychiatric counseling); United States v. Bass, 121 F.3d 1218, 1223 (8th Cir. 1997) (discretionary conditions restricting possession or use of alcohol, authorizing tests for alcohol in body fluids, and authorizing warrantless search and seizure of alcohol in residence and vehicles).
discussed Cited as authority (rule) United States v. James Kincaid Heath
11th Cir. · 2005 · confidence medium
See United States v. Peterson, 248 F.3d 79, 85 (2d Cir.2001) (“If [the defendant] is required to participate in a mental health intervention only if directed to do so by his probation officer, then this special condition constitutes an impermissible delegation of judicial authority to the probation officer.”); United States v. Pruden, 398 F.3d 241, 251 (3d Cir.2005) (expressing agreement with Peterson); United States v. Allen, 312 F.3d 512, 516 (1st Cir.2002) (same); United States v. Sines, 303 F.3d 793, 799 (7th Cir.2002) (“[A] district court ... must itself impose the actual condition …
discussed Cited as authority (rule) United States v. Joseph F. Heidebur (2×)
8th Cir. · 2005 · confidence medium
“District courts are normally afforded wide discretion in imposing terms of supervised release.” United States v. Kent, 209 F.3d 1073, 1075 (8th Cir.2000) (Kent).
cited Cited as authority (rule) United States v. Joseph Heidebur
8th Cir. · 2005 · confidence medium
“District courts are normally afforded wide discretion in imposing terms of supervised release.” United States v. Kent, 209 F.3d 1073, 1075 (8th Cir. 2000) (Kent).
discussed Cited as authority (rule) United States v. Kenneth Camp
8th Cir. · 2005 · confidence medium
United States v. Scott, 270 F.3d 632 (8th Cir.2001) (district court abused its discretion by imposing special conditions of sex offenders on defendant convicted of armed bank robbery because conditions were not related to offense of conviction and not reasonably necessary to deter defendant from repeating fifteen-year-old sex crime); United States v. Kent, 209 F.3d 1073, 1075-78 (8th Cir.2000) (defendant convicted of mail fraud and financial institution reporting violation should not have been subjected to condition whereby probation officer could force participation in counseling because cond…
discussed Cited as authority (rule) United States v. Kenneth Camp
8th Cir. · 2005 · confidence medium
United States v. Scott, 270 F.3d 632 (8th Cir. 2001) (district court abused its discretion by imposing special conditions of sex offenders on defendant convicted of armed bank robbery because conditions were not related to offense of conviction and not reasonably necessary to deter defendant from repeating fifteen-year-old sex crime); United States v. Kent, 209 F.3d 1073, 1075-78 (8th Cir. 2000) (defendant convicted of mail fraud and financial institution reporting violation should not have been subjected to condition whereby probation officer could force participation in counseling because co…
cited Cited as authority (rule) United States v. Pruden
3rd Cir. · 2005 · confidence medium
But the breadth of these powers is “limited by the probation officer’s status as a nonjudicial officer.” United States v. Kent, 209 F.3d 1073, 1078 (8th Cir. 2000).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Eugene P. KENT, Defendant-Appellant
99-2004, 99-2009.
Court of Appeals for the Eighth Circuit.
Apr 19, 2000.
209 F.3d 1073
Robert A. Mandel, Sioux Falls, SD, argued, for Plaintiff-Appellee., James L. Volling, Minneapolis, MN, argued (Deborah A. Ellingboe, on the. brief), for DefendanWAppellant.
McMillian, Lay, Fagg.
Cited by 109 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 84%
Citer courts: Third Circuit (1)
LAY, Circuit Judge.

Eugene P, Kent appeals the district court’s inclusion of a special condition to his three-year period of supervised release on the grounds that the condition was an abuse of discretion by the district court. Kent also urges that the district court improperly delegated his probation officer the authority to determine whether he must participate in a psychological or psychiatric counseling program. We reverse.

I. Background

On February 24, 1997, Kent was sentenced to twenty-seven months plus three years supervised release after being found guilty of two counts of mail fraud in violation of 18 U.S.C. § 1341. On May 18, 1998, Kent pleaded guilty to one count of attempting to cause a financial institution not to file a report required by 31 U.S.C. § 5313 in violation of 31 U.S.C. § 5324(a)(1). He was sentenced to five months incarceration to be served concurrently with his prior sentence of twenty-seven months, as well as a concurrent three-year term of supervised release. On March 23, 1999, the district court, upon motion of the government, filed an amended judgment adding two special conditions to Kent’s supervised release. Specifically, the court ordered: (1) Kent shall have no contact, in person or otherwise, with his wife, Marijo Kent, unless Kent’s probation officer approved such contact in advance and in writing; and (2) Kent “shall participate in an appropriate psychological/psychiatric counseling program as directed by his probation officer.” (Am. J. at 3.1.) In this appeal, Kent challenges only the second special condition. [1]

At the hearing on the government’s motion on March 15, 1999, Marijo testified she suffered physical, mental, and emotional abuse at the hands of Kent. She explained that she was fearful of Kent’s anger upon his release from prison. She also informed the court that she had initiated divorce proceedings in January of 1998, but cancelled the court date two weeks later due to pressure from her children. The dissolution action was still pending at the time of the hearing, however. On cross-examination, counsel for Kent asked Marijo if she knew that South Dakota Statute § 25-4-33.1 provides that, upon filing for divorce, a temporary restraining order issues immediately against both parties. Marijo expressed familiarity[*1075] with the restraining order provision. [2] When asked whether Kent had disturbed her peace since filing, she recalled one 45-minute phone conversation occurring the month prior to the hearing. When asked on redirect examination whether she thought Kent was being abusive during the conversation, Marijo responded: “I don’t know if you can term it abusive. It’s just that he wears me down. He wears me out.” (Tr. at 29.)

Marijo also specifically admitted that Kent had not physically abused or threatened her with abuse since 1986 at the latest. Upon being asked to recount instances of sexual abuse “in recent years,” she alleged that Kent forced her to watch pornographic films against her will and awoke her in the middle of the night with sexual contact. The phrase “recent years” was not defined for the court other than to mean some time subsequent to 1985. Finally, Marijo conceded on cross-examination that Kent had not attempted to threaten, physically abuse, or inappropriately contact her since his release from prison a couple weeks earlier.

The government then called Connie Dawson, a mental health counselor at Children’s Inn, a shelter where Marijo had spent some time. Dawson testified to her experiences with Marijo during counseling. Thereafter, the government called Krista Heeren-Graber, the operations director of Children’s Inn, to testify about the general characteristics of abusers and their victims. Neither Dawson nor Heeren-Gra-ber are psychiatrists or psychologists, and neither have met Kent or investigated Marijo’s claims of abuse. The government provided no other testimony at the hearing.

In granting the government’s motion, the court recognized that while Kent probably did not present a danger to anyone other than Marijo, the temporary restraining order was insufficient to address all of the court’s concerns. Therefore, “to afford deterrence to any potential criminal conduct on the part of [Kent],” (Tr. at 65), the court imposed the two special conditions. With regard to the psychiatric counseling requirement, the court clarified that the condition did not require Kent to undergo treatment immediately. The court explained: “I’m not ordering him into anything right now. I’m just saying if, during the course of supervised release it becomes necessary, then it will happen. And I’m not going to make the determination. The probation officer will.” (Tr. at 67.) When asked whether Kent could move the court for reconsideration if he disagreed with the probation officer’s determination, the court responded: “I don’t hope to be riding herd on such questions, but if necessary, I will. But remember, the probation officer is my personal staff and I have confidence in them.” (Id.)

II. Discussion

A. Standard of Review

District courts are normally afforded wide discretion in imposing terms of supervised release. See United States v. Behler, 187 F.3d 772, 778 (8th Cir.1999). Thus, this court reviews the district court’s imposition of special conditions for an abuse of discretion. See United States v. Cooper, 171 F.3d 582, 585 (8th Cir.1999).

B. Sentencing Factors Under 18 U.S.C. § 3553(a)

Kent argues that the district court’s special condition does not comport with the standards set out by Congress and the United States Sentencing Commission (Commission). In imposing a sentence, a court shall consider: (1) the nature and circumstances of the offense and the defendant’s history and characteristics; and (2) the need for the sentence to (A) reflect the gravity of the offense, promote[*1076] respect for the law, and justly punish the defendant for the unlawful behavior, (B) adequately deter criminal behavior, (C) protect the public, and (D) effectively provide necessary educational or vocational training, medical attention, or other correctional treatment. See 18 U.S.C. § 3553(a)(1), (2)(A)-(D) (1998). These factors are equally applicable considerations in the imposition of a term of supervised release under 18 U.S.C. § 3583(c), which expressly adopts each of the above-stated factors with the exception of (2)(A). Section 5D1.3(b) of the United States Sentencing Guidelines Manual (U.S.S.G.), which also addresses conditions of supervised release, mirrors § 3583(c)’s adoption of § 3553(a). [3] Furthermore, § 5D1.3(b) directs that the imposed conditions should not deprive the party of his or her liberty any more than is reasonably necessary to fulfill the purposes of Congress and the Commission. See U.S. Sentencing Guidelines Manual § 5D1.3(b) (1998). Finally, in order to impose the special condition of participation in a mental health program, the court must have reason to believe the party is in need of such treatment. See U.S. SENTENCING GUIDELINES MANUAL § 5D1.3(d)(5) (1998).

In United States v. Prendergast, 979 F.2d 1289 (8th Cir.1992), the defendant pleaded guilty to state counts of theft by deception and federal counts of devising a scheme to sell fraudulent promissory notes over phone lines in violation of 18 U.S.C. § 1343. The court added special conditions to Prendergast’s supervised release requiring him to abstain from using alcohol and other controlled substances and forcing him to submit to random drug testing and warrantless searches to determine the presence of alcoholic beverages or controlled substances. This court concluded that the special conditions had no reasonable relationship to the goals of rehabilitation and protection. No evidence existed suggesting that the defendant suffered from alcoholism or that the use of alcohol in any way contributed to the offense at issue, and the court never made specific findings of such. Hence, this court held the district court abused its discretion in imposing the condition. In United States v. Bass, 121 F.3d 1218 (8th Cir.1997), two defendants were found guilty of conspiring to distribute and possess with intent to distribute crack cocaine. One of the defendants challenged the court’s special conditions of supervised release barring his possession and use of alcohol and subjecting him to testing and warrantless searches. In justifying the special condition, the lower court reasoned that the defendant might substitute alcohol dependency for his drug dependency. Similar to the situation in Prendergast, however, there was no evidence to suggest that the defendant abused alcohol or that alcohol played a role in the crime at hand. This court rejected the lower court’s assumption that the defendant would substitute one controlled substance for another and found that the imposed conditions were not reasonably related to the defendant’s rehabilitation and the protection of the public.

The government concedes that the special condition of mental health treatment is unrelated to the nature of Kent’s offenses; however, it argues that the condition is consistent with the goals of rehabilitation and protection as found in Prendergast. The government cites Cooper, 171 F.3d 582, as support for the psychiatric counseling condition. In Cooper, the defendant pleaded guilty to unlawfully transporting explosive materials. Among the eight special conditions of his supervised release was a requirement that the defendant undergo mental health counseling. The lower court imposed this condition after hearing testimony that the defendant physically abused his wife and children, as well as a psychiatrist’s report that the defendant would probably cease[*1077] taking his anti-depressants if removed from a controlled environment. This court upheld the special condition, stating that it was justified by Cooper’s recent episodes of major depression, refusal to take prescribed anti-depressants, and conduct endangering himself and others. See id. at 587.

We find Kent’s case better aligned with Prendergast and Bass than with Cooper. The instances of abuse recounted by Marijo occurred at least thirteen years prior to the hearing, and Marijo admitted that Kent had not physically abused her since then. [4] Thus, the use of the condition as a deterrent makes little sense in light of the fact that the behavior to be deterred had ceased independently. Similarly, the “public protection” justification no longer applies since Kent and Marijo have reconciled. [5] Additionally, the government failed to provide any testimony from a medical expert aimed at addressing Kent’s current mental condition. Neither Dawson nor Heeren-Graber are medical professionals, and, at the time of trial, neither had ever met Kent, let alone studied his current mental state. Moreover, neither of the pre-sentence reports for Kent’s criminal convictions suggest any past or present mental health problems. There is nothing to suggest the condition will provide “needed” medical attention as required by 18 U.S.C. § 3553(a)(2)(D). Much like the situation in Bass, the district court’s imposition of the mental health counseling condition is based on a groundless assumption: that Kent would become abusive towards his wife upon his release from prison, even though he has neither physically abused her nor threatened such abuse in over a decade. The district court had no reason to believe that psychiatric counseling was necessary.

We are not persuaded otherwise by Beh-ler, 187 F.3d 772. In Behler, the defendant, who was convicted of several counts of drug trafficking, challenged the lower court’s imposition of special conditions of supervised release. Among other things, the court barred Behler from alcohol and required him to attend and complete any chemical dependency evaluation or program as directed by his probation officer. This court upheld the conditions, even though Behler had discontinued abusing drugs ten years earlier and there was neither an indication that alcohol played any role in the trafficking offense nor evidence to suggest that Behler had a history of abusing alcohol.

This case is factually distinguishable from Behler. Behler’s crimes involved the trafficking of methamphetamine while in possession of a firearm, and Behler’s former drug problem included methamphetamine abuse. See Behler, 187 F.3d at 779. Thus, as Behler’s crimes were drug-related, it was sensible to require him to undergo substance abuse treatment despite the span of years since he had abused drugs. In this case, at least thirteen years have passed since Kent physically abused or threatened Marijo, his offenses are completely unrelated to the imposed condition, and there is no evidence in the record to suggest that mental health counseling will further the goals of deterrence or public protection. Hence, based on the facts in this case, Behler does not require us to uphold the condition.

Moreover, the court must keep in mind that its conditions of supervised release[*1078] are to infringe the defendant’s liberty only to the extent necessary to effectuate the goals of Congress and the Commission. The court expressly admitted that it did not believe Kent presented a threat to anyone except possibly Marijo. As such, the court should only have been concerned with keeping him away from her. The better alternative in this case was to order full compliance with the temporary restraining order. Imposing the additional requirement that Kent potentially submit to psychological counseling, when there is no evidence suggesting the necessity or desirability of the condition and the alleged reason for the condition is based upon events taking place long before Kent’s prison term, was an abuse of discretion and an excessive infringement of Kent’s liberty.

C. Delegation of Authority to the Probation Officer

The duties of probation officers are set out at 18 U.S.C. § 3603. Among other things, a probation officer shall: (1) “instruct a probationer or a person on supervised release, who is under his supervision, as to the conditions specified by the sentencing court”; and (2) “perform any other duty that the court may designate.” 18 U.S.C. § 3603(1), 3603(10) (1998). While the latter statement may seem a broad grant of authority at the behest of the district court, it is limited by the probation officer’s status as a nonjudicial officer. As the Supreme Court explained in Ex parte United States, 242 U.S. 27, 41-42, 37 S.Ct. 72, 61 L.Ed. 129 (1916):

Indisputably under our constitutional system the right to try offences against the criminal laws and upon conviction to impose the punishment provided by law is judicial, and it is equally to be conceded that in exerting the powers vested in them on such subject, courts inherently possess ample right to exercise reasonable, that is, judicial, discretion to enable them to wisely exert their authority.

Thus, the imposition of punishment is a judicial function reserved to the courts under Article III of the United States Constitution.

The courts have been faced many times with the question of the proper amount of authority to be delegated a probation officer. One of the more illuminating opinions on the subject is United States v. Johnson, 48 F.3d 806 (4th Cir.1995). In Johnson, the defendant was sentenced to forty-six months imprisonment and five years supervised release for defrauding financial institutions and individual account holders. Quoting the district court, the appellate court noted the language of the special condition requiring Johnson to pay restitution “in such amounts and at such times as may be directed by the Bureau of Prisons and/or the Probation Officer.” Johnson, 48 F.3d at 807. Furthermore, the district court ordered Johnson to make payments of at least $100.00 per month, and it authorized the probation officer to increase the monthly payment if the officer determined Johnson was capable of paying more. See id. The Fourth Circuit Court of Appeals upheld Johnson’s challenge, stating that 18 U.S.C. §§ 3556 and 3663 give the court, not the probation officer, the authority to order restitution and, as such, only the court may resolve disputes over the proper amount of restitution. The court explained: “the imposition of a sentence, including any terms for probation or supervised release, is a core judicial function.” Id. at 808.

Regarding the seemingly broad language of 18 U.S.C. § 3603(10), the Johnson court stated:

While the statute does authorize the district court to order the probation officer to perform such duties as the court directs, the type of duty that the court may so delegate is limited by Art. III. Cases or controversies committed to Art. Ill courts cannot be delegated to nonjudicial officers for resolution. That general principle does not, however, prohibit courts from using nonjudicial officers to support judicial functions, as long as a judicial officer retains and exercises ultimate responsibility ....
[*1079] [I]n every delegation, the court must retain the right to review findings and to exercise ultimate authority for resolving the case or controversy.

Id. at 808-09 (emphasis added).

In this case, the court explicitly stated it hoped it would not be “riding herd” in the probation officer’s decision to require Kent to undergo psychiatric treatment. Thus, it is entirely possible that Kent’s probation officer, as opposed to the court, would retain and exercise ultimate responsibility over the situation. This is inconsistent with Article III, as well as U.S.S.G. § 5D1.3(b), which specifically provides that the court may impose special conditions of supervised release. Hence, we find that the lower court improperly delegated a judicial function to Kent’s probation officer when it allowed the officer to determine whether Kent would undergo counseling. We limit our holding only to the facts of this case, however, as we realize that the federal district courts cannot be expected to police every defendant to the extent that a probation officer is capable of doing.

III. Conclusion.

For these reasons, we REVERSE and VACATE the district court’s imposition, of the second special condition.

1

. At oral argument, counsel for the government stated that he believed Kent’s probation officer requested the court remove the "no contact” condition after Marijo apparently voluntarily chose to have contact with Kent.

2

. Marijo’s testimony does suggest that she was somewhat confused about the purpose of the restraining order. In response to counsel’s question, she stated: "I thought [the restraining order] meant that they couldn’t destroy any of your personal belongings.” (Tr. at 27.)

3

. We note that it is not necessary that all of the factors listed in § 5D1.3(b) be present in order to avoid a finding of abuse of discretion; rather, each are independent factors to be weighed. The special condition imposed need not be related to each and every one of the factors. See United States v. Johnson, 998 F.2d 696, 697 (9th Cir.1993).

4

. While recognizing that most of the physical abuse occurred years ago, the district court stated that it nevertheless found "more recent incidents” of abuse, specifically mentioning instances where Kent dragged Marijo by her hair. (Tr. at 66.) We are confused by this assertion, as nothing in Marijo's testimony suggests that this occurred more recently than the other episodes to which Marijo testified. She specifically admitted there had been no physical abuse since 1986 al the latest; we understand that to mean that the hair-pulling incidences to which the district court alluded occurred prior to that time.

5

. • Moreover, now that the couple has seemingly reconciled to the extent that she has voluntarily chosen to have contact with him, the federal court should stay its hand in any domestic relations dispute.