Submitted December 8, 2014.
Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids.
For United States of America, Plaintiff - Appellee: Mark Tremmel, Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Iowa, Cedar Rapids, IA.
For Kendall Woodall, Defendant - Appellant: John P. Messina, Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Iowa, Des Moines, IA.
Kendall Woodall, Defendant - Appellant, Pro se, Pekin, IL.
Before LOKEN, BYE, and SMITH, Circuit Judges.
Kendall Woodall pleaded guilty to one count of failing to register as a sex offender in violation of 18 U.S.C. § 2250(a). The district court sentenced him to ten months' imprisonment with five years of supervised release. Woodall appeals two conditions of his supervised release, which restrict him from (1) consuming alcohol or entering bars or similar establishments and (2) having contact with minors without the probation office's prior approval. We affirm in part and reverse in part.
In 2001, Woodall was convicted of second-degree statutory rape and second-degree sodomy in Missouri for having sexual relations with his 15 year old stepsister. As a result, Woodall was required to register as a sex offender in Missouri. Woodall last complied with this requirement in May 2012. In November 2012, Woodall moved
to Iowa but failed to notify the proper authorities in Missouri and failed to register as a sex offender in Iowa, as is required by the Sex Offender Registration and Notification Act, 42 U.S.C. § 16901 et seq. Consequently, a grand jury indicted Woodall for failing to register as a sex offender in Iowa. Woodall pleaded guilty to this charge on March 24, 2014.
A presentence investigation report (PSR) was prepared prior to sentencing. The PSR found that Woodall " consumed marijuana once every other month" between the time he was 22 years old and his arrest for the current offense; further, Woodall described himself as a " social drinker, consuming one or two beers each month." Additionally, the PSR noted that Woodall was terminated from a sex offender treatment program in 2007 during a previous incarceration when he got into a fight with another inmate. The final finding of note in the PSR was that Woodall attempted to commit suicide in February 2014 by overdosing on over-the-counter drugs; Woodall left a suicide note that was derogatory and potentially threatening to U.S. Marshals. Woodall was ...