United States v. Mercado, No. 13-2268 (1st Cir. 2015)Annotate this Case
Due to his 2002 state-court conviction for indecent assault Defendant was required to register under the Sex Offender Registration and Notification Act (SORNA). Defendant later pleaded guilty to one count of failure to register. The district court imposed a top-of-the-range incarcerative sentence of thirty-seven months to be followed by a five-year term of supervised release. Among the conditions imposed by the district court was the requirement that Defendant participate in a sex-offender treatment program “as directed by the probation officer." Defendant appealed, challenging four of the conditions imposed by the court. The First Circuit affirmed, holding (1) the district court did not err in granting discretion to the probation officer with respect to Defendant’s possible participation in sex-offender treatment, and the sex-offender treatment condition was reasonable; and (2) the district court did not abuse its discretion in imposing the remaining conditions.