United States v. Joanna Dungy

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Diana E. Murphy (UNPUBLISHED); Granting [4368136-2] motion to withdraw as counsel filed by Mr. Paul Rosenberg. [4396523] [15-3902]

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[Unpublished]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
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.

Appellate Case: 15-3902

Page: 1

Date Filed: 05/09/2016 Entry ID: 4396523

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.
______________________________

-2-

Appellate Case: 15-3902

Page: 2

Date Filed: 05/09/2016 Entry ID: 4396523