United States First Circuit

In this case, defendant pled guilty to failure to register as a sex offender when he moved to Puerto Rico in 2012, in violation of the Sex Offender Notification and Registration Act (SORNA). Defendant was sentenced to a thirty-month prison term, to be followed by a twenty-year term of supervised release. Defendant challenges two of the supervised release conditions and the length of the supervised release term. The two conditions restrict defendant from accessing or possessing a wide range of sexually stimulating material, and requires defendant to submit to penile plethysmograph testing if the sex offender treatment program in which he must participate chooses to use such testing. The supervised release sentence term and challenged conditions are vacated and the case is remanded for resentencing, where: 1) the district court erred in setting the length of the supervised release term; and 2) the district court inadequately justified the imposition of the challenged supervised release conditions.

Appellate Information

• Decided 03/04/2015
• Published 03/04/2015

Judges

• Barron

Court

• United States First Circuit

Counsel