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United States v. Flaugher

United States Court of Appeals, Tenth Circuit

November 13, 2015

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
WALTER R. FLAUGHER, Defendant - Appellant

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS. (D.C. No. 2:06-CR-20043-JWL-8).

Daniel T. Hansmeier, Appellate Chief (Melody Brannon Evans, Federal Public Defender, with him on the briefs), Office of the Federal Public Defender for the District of Kansas, Kansas City, Kansas, appearing for Defendant-Appellant.

Carrie N. Capwell, Assistant United States Attorney (Barry R. Grissom, United States Attorney, with her on the brief), Office of the United States Attorney for the District of Kansas, Kansas City, Kansas, appearing for Plaintiff-Appellee.

Before KELLY, SEYMOUR, and MATHESON, Circuit Judges.

OPINION

MATHESON, Circuit Judge.

I. BACKGROUND

Walter Flaugher pled guilty in 2006 to one count of conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § § 841 and 846. He was sentenced to 57 months in prison and 5 years of supervised release. In 2014, the U.S. Probation Office filed a petition to revoke his supervised release, alleging several violations. Mr. Flaugher stipulated to one of the violations--use of methamphetamine. The district court revoked his supervised release, resentenced him to another 12 months and 1 day in prison, and imposed 3 years of supervised release. Over his counsel's objections, the court also imposed the following supervised release condition:

[H]e shall submit his person, house, residence, vehicles, papers, business, and place of employment and any property under his control to a search conducted by the United States probation officer at a reasonable time and in a reasonable manner based upon reasonable suspicion of contraband or evidence of a violation of condition of release. Failure to submit to a search may be grounds for revocation. He shall warn any other residents that the premises may be subject to be searched pursuant to this condition.

Aplt. Br. at 5-6.

On appeal, Mr. Flaugher argues that 18 U.S.C. § 3583(d) prohibits district courts from imposing warrantless-search conditions except in cases involving felons required to register under SORNA the Sex Offender Registration and Notification Act (" SORNA" ). He challenges the condition imposed on him because he is not required to register under SORNA.

Exercising jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we affirm.

II. DISCUSSION

The issue is whether a district court may impose a warrantless-search condition under 18 U.S.C. ยง 3583(d) on a person who is not a ...


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