DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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211870P.pdf 07/29/2022 United States v. Brian Floss
U.S. Court of Appeals Case No: 21-1870
U.S. District Court for the Eastern District of Arkansas - Central
[PUBLISHED] [Loken, Author, with Gruender and Grasz, Circuit Judges]
Criminal case - Sentencing. The district court did not procedurally or
substantively err when it thoroughly but separately explained why it was
imposing a revocation sentence of 36-months in prison and up to 36 months
of home detention as a special condition of supervised release; even if
the district court committed plain error in stating a 15-year term of
supervision was authorized by the guidelines, defendant cannot show that
the error affected his substantial rights because the district court
clearly showed that it would have imposed the same term as an upward
variance based on its evaluation of the circumstances of the case; the
court sufficiently explained why it believed the 15-year term was
appropriate; imposing home detention as a special condition of supervised
release was substantively reasonable; the matter is remanded to permit the
district court to conform the written judgment concerning home detention
with its oral pronouncement of the provision; defendant's other challenges
to the special conditions are rejected. Grasz, dissenting in part.