United States v. Robert Jason Morgan

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 11-15525 ELEVENTH CIRCUIT
Non-Argument Calendar MAY 29, 2012
________________________ JOHN LEY
CLERK
D.C. Docket No. 9:96-cr-08051-KLR-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT JASON MORGAN,
a.k.a. Jason Leslie Morris,
a.k.a. Patrick Tuohy,
a.k.a. Jackie Morris,
Defendant-Appellant.
__________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(May 29, 2012)
Before BARKETT, PRYOR and BLACK, Circuit Judges.
PER CURIAM:
Robert Morgan appeals a special condition of his one-year term of
supervised release following his year-and-a-day sentence imposed for violating the
terms of his prior supervised release. On appeal, Morgan argues the condition
prohibiting him from serving his supervised release in Florida is not reasonably
related to the relevant 18 U.S.C. § 3553(a) factors and involves a deprivation of
liberty greater than reasonably necessary for the purposes of § 3553(a).
Although Morgan now argues the district court erred in prohibiting him
from serving his supervised release term in Florida, Morgan invited this alleged
error. At the sentencing hearing, the district court stated that Morgan was to be
released in California, where he had been serving his previous term of supervised
release. Defense counsel did not object and instead requested that Morgan “live
in Las Vegas instead of California.” Because Morgan invited the district court to
impose a term of supervised release in Nevada, we are precluded from reviewing
his claim of alleged error on appeal. See United States v. Brannan, 562 F.3d 1300,
1306 (11th Cir. 2009) (“Where a party invites error, [we are] precluded from
reviewing that error on appeal.”).1
1
Alternatively, the district court did not plainly err in imposing this special condition. It
is within a court’s discretion to impose such a limitation as a condition of supervised release, see
18 U.S.C. § 3563(b)(13), and the condition takes account of Morgan’s criminal history and the
need to protect the public from harm by preventing Morgan’s release to Florida, where he
previously threatened the life of a judge and a prosecutor.
2
AFFIRMED.
3