DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
052324P.pdf 01/06/2006 USA v. Thomas Mickelson
U.S. Court of Appeals Case No: 05-2324
District of Northern Iowa
[PUBLISHED] [Murphy, Author, with McMillian and Gruender, Circuit Judges]
Criminal case - Sentencing. The government's argument that the
appellate courts do not have jurisdiction to review sentences for
reasonableness when they are within the guidelines range is rejected
as inconsistent with 18 U.S.C. Sec. 3742, Booker and the Sixth
Amendment; a guidelines sentence, although presumptively reasonable,
can still be unreasonable when all of the factors set out in 18 U.S.C.
Sec. 3553(a) are considered; defendant did not waive his right to appeal
his sentence in his plea agreement; sentence was reasonable; district
court did not abuse its discretion or improperly delegate its
sentencing authority by leaving the imposition of certain conditions
for supervised release - remote alcohol testing, video information
capture or use of a GPS monitoring system - to the discretion of the
probation officer; imposition of restrictions on contact with minor
children was a reasonable condition of supervised release in a
conviction for possession of child pornography.