United States v. Washington, No. 17-2841 (2d Cir. 2018)Annotate this Case
Defendant appealed his sentence of failure to register as a sex offender in violation of 18 U.S.C. 2250, arguing that the district court modified his sentence by including in the written judgment a duty to submit to polygraph testing that was not mentioned during pronouncement of sentence. The Second Circuit remanded for entry of an amended judgment, holding that the inclusion of a duty to submit to polygraph testing was, in this case, an impermissible modification of the spoken sentence, from which those words were omitted, because polygraph testing was burdensome to defendant and not a necessary or invariable component of sex‐offender treatment.