Justia.com Opinion Summary:
Defendant pled guilty to possession of materials involving the sexual exploitation of minors, materials discovered during a state investigation into his sexual abuse of his stepdaughter. On appeal, defendant argued that the district court violated Tapia v. United States in imposing the consecutive sentence and erred in imposing a special condition prohibiting him from possessing material which depicted or described sexually explicitly conduct. The court remanded for resentencing where it was not clear on the record whether or not the district court impermissibly based its prison sentence on defendant's rehabilitative needs under Tapia. The court also held that defendant's own statements amply supported the imposition of the special condition.Receive FREE Daily Opinion Summaries by Email
Criminal case - Sentencing. In this case, the district court may have imposed defendant's consecutive sentence in order to enable treatment and promote rehabilitation in a federal institution in violation of Tapia v. United States, 131 S. Ct. 2382 (2011), and the sentence is vacated and the matter remanded for resentencing; the provision of defendant's supervised release prohibiting him from possessing material that depicts or describes sexually explicit conduct was not overbroad or unwarranted, where defendant admitted to an addiction to child pornography and discussed its role in facilitating the abuse of a minor child. Judge Benton, dissenting.