United States DC Circuit

Defendant's sentence for sexual abuse of a minor is affirmed in part where: 1) should an evidentiary hearing demonstrate the truth of everything defendant alleged, it still would not be reasonably probable that the district court would have granted him funding under the Criminal Justice Act; and 2) where, as here, the defendant altogether fails to inform the court that he opposes a condition of supervised release, plain error review applies. However, the sentence is vacated in part where, not knowing the court's reasons for imposing certain conditions of defendant's supervised release, finding the government's reasons unsupported by the record, and unable to identify any, those conditions needed to be vacated.

Appellate Information

• Argued 02/26/2010
• Decided 07/16/2010
• Published 07/16/2010

Judges

• Thomas B. Griffith

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Tony Axam Jr., Mary B. McCord