UNITED STATES of America, Plaintiff-Appellee, v. Jason Lowal GARCIA, Defendant-Appellant.
Decided: December 07, 2020
Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.
Bryce Bland Ellsworth, Special Assistant U.S. Attorney, Office of the U.S. Attorney, Boise, ID, for Plaintiff-Appellee Houston Goddard, Assistant Federal Public Defender, FPDWA - Federal Public Defender's Office (Eastern WA & ID), Spokane, WA, for Defendant-Appellant
Jason Lowal Garcia appeals from the district court's judgment and challenges two special conditions of supervised release imposed following his guilty-plea conviction for failure to register as a sex offender, in violation of 18 U.S.C. § 2250(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Garcia challenges the special conditions of supervised release that require him to participate in a sexual deviancy evaluation and submit to polygraph testing as part of the evaluation. The district court did not abuse its discretion in imposing these conditions, which are reasonably related to the goals of deterrence and protecting the public and involve no greater deprivation of liberty than is reasonably necessary. See 18 U.S.C. § 3583(d)(1), (2); United States v. Hohag, 893 F.3d 1190, 1192, 1194-95 (9th Cir. 2018) (stating standard of review and holding that assessment and polygraph conditions were justified by risks indicated by failure to register and imposed minimal burden on liberty). Although Garcia's only conviction for a sexual offense against a minor occurred in 2000, the district court's imposition of the conditions is supported by Garcia's two recent convictions for failing to register as a sex offender and lack of any previous assessment or treatment. See Hohag, 893 F.3d at 1193-94 (“[W]hen some recent event suggests that a defendant still poses a risk of engaging in sexual misconduct, there exists a greater need for a condition meant to address a defendant's history of sexual misconduct.”). Moreover, contrary to Garcia's contention, the record reflects that the district court considered Garcia's arguments and adequately explained its reasons for imposing the challenged conditions. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
Garcia's motion to stay the imposition of the challenged conditions pending appeal is denied as moot.
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