United States v. Roger Lynn Carlson, 406 F.3d 529 (8th Cir. 2005). · Go Syfert
United States v. Roger Lynn Carlson, 406 F.3d 529 (8th Cir. 2005). Cases Citing This Book View Copy Cite
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cited 3× by 2 distinct cases · …justified, if indeed not compelled at p. 532
31 citation events (31 in the last 25 years) across 3 distinct courts.
Strongest positive: United States v. Mario Smith (ca8, 2020-04-13)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Mario Smith (2×) also: Cited "see"
8th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a defendant fails to object to a special condition at sentencing, we review for plain error.
discussed Cited as authority (rule) United States v. Carlos Traywick
8th Cir. · 2025 · confidence medium
While this appeal was pending, we held “that the district court plainly erred in imposing [a 20-hours-per week] condition without a cap on the number of hours.” United States v. Hinkeldey, 124 F.4th 1093 , 1094 (8th Cir. 2024), citing United States v. Carlson, 406 F.3d 529, 531 (8th Cir. 2005) (review of special condition of supervised release is for plain error when defendant fails to object).
discussed Cited as authority (rule) United States v. Shannon Smalley
8th Cir. · 2024 · confidence medium
See 18 U.S.C. § 3563 (b)(5) (court may impose condition of supervised release prohibiting or limiting defendant from engaging in a specified occupation, business, or profession bearing a reasonably direct relationship to the conduct constituting the offense); U.S.S.G. § 5F1.5 (court may impose occupational restriction only if it determines that a reasonably direct relationship existed between defendant’s occupation and the conduct relevant to the offense of conviction, and that the restriction is reasonably necessary to protect the public because there is reason to believe that, absent suc…
discussed Cited as authority (rule) United States v. Justin Deatherage (2×)
8th Cir. · 2012 · confidence medium
We must remember there is a difference between reasons which are easily discerned from the record, see, e.g., United States v. Carlson, 406 F.3d 529, 532 (8th Cir.2005) (upholding a special condition in the absence of detailed findings because the record clearly “justified, if indeed not compelled” the imposed condition), and reasons we speculate to be the basis for the imposed conditions only after we have extensively searched for them in, or even outside, the record, see, e.g., United States v. Mosley, 672 F.3d 586, 591-92 (8th Cir.2012) (looking to the Physician’s Desk Reference to ex…
discussed Cited as authority (rule) United States v. Justin Deatherage
8th Cir. · 2012 · confidence medium
We must remember there is a difference between reasons which are easily discerned from the record, see, e.g., United States v. Carlson, 406 F.3d 529, 532 (8th Cir. 2005) (upholding a special condition in the absence of detailed findings because the record clearly "justified, if indeed not compelled" the imposed condition), and reasons we speculate to be the basis for the imposed conditions only after we have extensively searched for them in, or even outside, the record, see, e.g., United States v. Mosley, 672 F.3d 586, 591-92 (8th Cir. 2012) (looking to the Physician's Desk Reference to explai…
cited Cited as authority (rule) United States v. Smith
8th Cir. · 2011 · confidence medium
United States v. Thompson, 653 F.3d 688, 693-94 (8th Cir.2011), citing United States v. Carlson, 406 F.3d 529, 532 (8th Cir.2005).
discussed Cited as authority (rule) United States v. Carter (2×)
8th Cir. · 2011 · confidence medium
Finally, in United States v. Carlson, 406 F.3d 529, 532 (8th Cir.2005), this court upheld a condition prohibiting the defendant from working in the medical field.
discussed Cited as authority (rule) United States v. Starkes
4th Cir. · 2010 · confidence medium
See United States v. Smith, 445 F.3d 713, 717-19 (3d Cir.2006) (upholding employment restriction barring defendant from working for a law firm or legal entity given lengthy history of preparing fraudulent documents); United States v. Carlson, 406 F.3d 529, 532 (8th Cir.2005) (affirming restriction on defendant working in the medical field after defendant used his position as a physician’s assistant to obtain fraudulent prescriptions on hundreds of occasions); United States v. Choate, 101 F.3d 562 (8th Cir.1996) (affirming restriction on self-employment for defendant who ran a series of sham …
cited Cited as authority (rule) United States v. Joseph F. Heidebur
8th Cir. · 2005 · confidence medium
United States v. Carlson, 406 F.3d 529, 531 (8th Cir.2005).
cited Cited as authority (rule) United States v. Joseph Heidebur
8th Cir. · 2005 · confidence medium
United States v. Carlson, 406 F.3d 529, 531 (8th Cir. 2005).
discussed Cited "see" United States v. Alan Berger
8th Cir. · 2025 · signal: see · confidence high
See United States v. Carlson, 406 F.3d 529, 531 (8th Cir. 2005) (standard of review for imposition of special condition of supervised release); United States v. Bender, 566 F.3d 748, 751 (8th Cir. 2009) (upholding similar limits on computers and internet access).
discussed Cited "see" United States v. Denny Hinkeldey
8th Cir. · 2024 · signal: see · confidence high
See United States v. Carlson, 406 F.3d 529, 531 (8th Cir. 2005) (review of special condition of supervised release is for plain error when defendant fails to object); cf. United States v. Parkins, 935 F.3d 63, 68 (2d Cir. 2019) (in light of general proscription of more than 400 hours of community service and court’s inadequate, individualized justification for higher amount, imposition of 695 hours of community service was an abuse of discretion); United States v. Ortiz, 817 F.3d 553, 555-56 (7th Cir. 2016) (vacating condition requiring 20 hours of community service per week until employed, …
cited Cited "see" Barker v. United States
W.D. Mo. · 2022 · signal: see · confidence high
See United States v. Carlson, 406 F.3d 529, 531 (8th Cir. 2005).
discussed Cited "see" United States v. Damarius Simmons
8th Cir. · 2019 · signal: see · confidence high
See United States v. Carlson, 406 F3d. 529, 531 (8th Cir. 2005) (holding that review of sentencing judge’s imposition of special condition of supervised release is generally for abuse of discretion, but is for plain error when defendant fails to object).
discussed Cited "see" United States v. Larry Henderson (2×) also: Cited "see, e.g."
8th Cir. · 2018 · signal: see · confidence high
See United States v. Carlson , 406 F.3d 529 , 531 (8th Cir.2005) ("When a defendant fails to object to the special condition at sentencing, ... we review for plain error." (citation omitted) ). 1.
discussed Cited "see" United States v. Thompson
8th Cir. · 2011 · signal: see · confidence high
See United States v. Carlson, 406 F.3d 529, 532 (8th Cir.2005) (holding that a failure to make specific findings to support a special condition imposed under U.S.S.G. § 5F1.5 did not require invalidation of the restriction where the justification was clear from the record); accord United States v. Albertson, 645 F.3d 191, 200 (3d Cir.) (holding that an imposed condition will be upheld if the record “reveals any viable basis for the restriction” (quotation omitted)), cert. denied, — U.S. —, 131 S.Ct. 3045 , 180 L.Ed.2d 862 (2011); United States v. Brogdon, 503 F.3d 555, 564 (6th Cir.20…
cited Cited "see" United States v. Simons
8th Cir. · 2010 · signal: see · confidence high
See United States v. Carlson, 406 F.3d 529, 531 (8th Cir.2005); United States v. Boston, 494 F.3d 660, 667 (8th Cir.2007).
discussed Cited "see" United States v. Bellamy
4th Cir. · 2007 · signal: see · confidence high
See United States v. Carlson, 406 F.3d 529, 532 (8th Cir.2005) (upholding special condition prohibiting work in medical field where defendant was employed as orthopedic physician’s assistant and was convicted of health care fraud because he fraudulently obtained prescription medications).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Roger Lynn CARLSON, Appellant
04-2969.
Court of Appeals for the Eighth Circuit.
Apr 28, 2005.
406 F.3d 529
Lisa D. Hill, Minneapolis, Minnesota, for appellant., Frank J. Magill, Jr., Assistant U.S. Attorney, Minneapolis, Minnesota (Thomas B. Heffelfinger, on the brief), for appellee.
Wollman, Gibson, Colloton.
Cited by 21 opinions  |  Published
WOLLMAN, Circuit Judge.

Roger Lynn Carlson (Carlson) pled guilty to two counts of health care fraud, violations of 18 U.S.C. § 1347. He appeals from the district court’s [1] imposition of a special condition as part of his sentence. We affirm.

I.

Carlson worked as a physician’s assistant for more than fifteen years. He became addicted to prescription pain medication sometime in the late 1990s. He supported his addiction with prescriptions filled by medical providers. In order to obtain the prescriptions, Carlson repeatedly either injured himself or feigned injury. From April 1, 1998, to February 15, 2000, he visited more than 300 health care providers or facilities in nine states. Carlson’s insurance company, Medica Health Plans, received more than $566,000 in claims and paid more than $246,000 to various providers. Carlson admitted that at least 40% of his out-of-state visits were based on self-inflicted injuries or fabricated medical conditions.

Following Carlson’s guilty plea, the district court sentenced him to eight months’ imprisonment, to be followed by three years of supervised release, one of the terms of which prohibited Carlson “from working in the medical field during the term of supervision.” Carlson did not object at sentencing to the special condition.

[*531] In March 2004, Carlson filed a letter (which was converted to a habeas petition) seeking to remove the special condition from his sentence. Carlson asserted that his trial counsel had been ineffective in failing to appeal the special condition. The district court granted Carlson’s habeas petition and granted him relief to file a direct appeal of the special condition. Carlson seeks to have the special condition removed so that he can again seek employment as a physician’s assistant.

II.

We generally review the imposition of a special condition of supervised release for an abuse of discretion. United States v. Ristine, 335 F.3d 692, 694 (8th Cir.2003). When a‘defendant fails to object to the special condition at sentencing, however, we review for plain error. Id. Although Carlson did not object to the special condition at sentencing, he nevertheless asserts that we should review the imposition of the condition for an abuse of discretion because the district court granted his habeas petition on the basis that his trial counsel was ineffective in failing to object to the condition at sentencing. Cf. United States v. Sofsky, 287 F.3d 122, 125 (2d Cir.2002) (applying abuse of discretion review to the imposition of a special condition even though defendant failed to object at sentencing). We need not decide whether the appropriate standard of review is abuse of discretion or plain error. Because the special condition at issue in this case is so clearly related to the crimes for which Carlson was convicted, the district court’s action withstands review under either standard.

The district court may impose a condition of supervised release prohibiting the defendant from engaging in a specified occupation if it determines that: (1) a reasonably direct relationship existed between the defendant’s occupation and the conduct relevant to the offense of conviction; and (2) imposition of such a restriction is reasonably necessary to protect the public because there is reason to believe that, absent such a restriction, the defendant will continue to engage in unlawful conduct similar to that for which the defendant was convicted. U.S.S.G. § 5F1.5; see also 18 U.S.C. § 3563(b)(5). If the court decides to impose an occupational restriction, it can.do so only “for the minimum time and to the minimum extent necessary to protect the public.” U.S.S.G. § 5F1.5(b).

Carlson and the government cite United States v. Cooper, 171 F.3d 582 (8th Cir.1999), and United States v. Choate, 101 F.3d 562 (8th Cir.1996), respectively, to support their views of the occupational restriction imposed by the district court. In both Choate and Cooper, we reviewed for an abuse of discretion a district court’s imposition of an occupational restriction. Id. at 567; Cooper, 171 F.3d at 585. Cooper involved a former Army explosives expert who transported government-owned explosives from South Carolina to Iowa and placed them in a rented storage locker. 171 F.3d at 584. The activity went undetected for several years until Cooper was arrested on unrelated charges. Id. Cooper pled guilty to unlawfully transporting explosives and the district court imposed a special condition prohibiting him “from employment as a truck driver if it involves absence from Cedar Rapids, IA, for more than 24 hours.” Id. at 585. The condition effectively barred Cooper from his pre-detention occupation as an over-the-road trucker. Id. We found an abuse of discretion because “the occupational restriction [bore] no relationship to Cooper’s offense of unlawfully transporting dangerous explosives to a storage locker many years ago.” Id. at 586.

[*532] In Choate, the defendant pled guilty to two counts of wire fraud arising from a series of sham businesses that he had run. Choate, 101 F.3d at 563-64. The district court imposed the special condition that Choate could not maintain self-employment during his supervised release. Id. at 566. We noted that “Choate has demonstrated that he is given to excesses of salesmanship that tend to creep up in business after business.” Id. Because “[t]he district court [was] not required to pit its imagination against Choate’s to anticipate what sort of business he could put to fraudulent use,” we concluded that “[t]he prohibition on self-employment seem[ed] a reasonable way to protect the public from Choate’s practices and to channel Choate’s energies into a less destructive path.” Id.

We find the instant case more akin to Choate than to Cooper. Carlson fraudulently obtained prescription medication hundreds of times over the course of several years. His occupation as an orthopedic physician’s assistant placed him in close proximity to prescription medication, and he used sample medications obtained through his employment on at least two previous occasions. PSR at 2 ¶ 9. Although Carlson voluntarily sought inpatient treatment for his addiction in 2001, he withdrew from the program against medical advice and was characterized as having a “very high” risk of relapse. Id. at 10 ¶¶ 55-56. Given these facts, the district court did not abuse its discretion in prohibiting Carlson from working in the medical field during the term of his supervised release.

III.

The sentencing guidelines provide that a district court may impose a special condition only if it determines that an occupational restriction has a reasonably direct relationship to the conduct relevant to the offense of conviction and that without the restriction there is reason to believe

that the defendant will engage in unlawful conduct similar to that for which the defendant was convicted. U.S.S.G. § 5F1.5. Carlson asserts that section 5F1.5 requires the district court to make findings that these conditions were met. Although the district court might well have spelled out in greater detail the findings that are implicit in its imposition of the occupational restriction, its failure to make such findings does not invalidate the restriction, which we conclude was well justified, if indeed not compelled, by Carlson’s persistent, unrelenting pattern of unlawful conduct. Cf. United States v. Smith, 332 F.3d 455, 461 (7th Cir.2003) (the reasonably direct relationship between defendant’s occupation as a commercial truck driver and his crime of theft of interstate freight “is so obvious that we will not comment on it further”); United States v. Mills, 959 F.2d 516, 518, 519 (5th Cir.1992) (although district court “imposed the sentence without entering findings of fact or issuing an opinion in support of the judgment,” the defendant’s occupation as a car dealer “obviously bears a direct relationship to his offense of tampering with odometers”).

The sentence is affirmed.

1

. The Honorable David S. Doty, United States District Judge for the District of Minnesota.