US v. Kemp, No. 21-4185 (4th Cir. 2023)
Annotate this CaseIn this case, Daniel N. Kemp, Sr. was charged with nine counts of sexually abusing his adopted children. Kemp pleaded guilty to one count of aggravated sexual abuse under a plea agreement and the remaining charges were dismissed. The United States District Court for the Eastern District of North Carolina sentenced Kemp to life imprisonment and a lifetime term of supervised release. Kemp appealed his conviction and sentence. On appeal, the United States Court of Appeals for the Fourth Circuit affirmed Kemp's conviction. The court found that the district court's plea colloquy did not comply with Rule 11 of the Federal Rules of Criminal Procedure in multiple respects, but Kemp failed to demonstrate a reasonable probability that, but for the error, he would not have entered the plea. As for Kemp's sentence, the Court of Appeals found that the district court improperly failed to orally pronounce multiple discretionary conditions of supervised release that it subsequently imposed in Kemp's written judgment. This constituted error under United States v. Rogers, 961 F.3d 291 (4th Cir. 2020), violating Kemp's right to be present at sentencing. Therefore, the Court of Appeals vacated Kemp's sentence and remanded for the district court to resentence the defendant.
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