United States First Circuit

Sentence for violating conditions of supervised release for possession of child pornography is affirmed where: 1) defendant's argument that a period of community confinement should have counted towards a 24-month aggregate limit on prison time for violations of supervised release did not constitute a plain error for purposes of plain error review; and 2) the district court did not abuse its discretion in refusing to assign defendant to a halfway house despite defendant's claim of a serious medical condition.

Appellate Information

• Decided 10/23/2007
• Published 10/23/2007

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert C. Andrews, for appellant.


• For Appellees:
  
• Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief for appellee.