United States v. Brown, No. 15-50321 (5th Cir. 2016)Annotate this Case
Defendant appealed his sentence of ten years of supervised release after being convicted for failure to register as a sex offender under 18 U.S.C. 2250(a). The government concedes that the district court erred in sentencing defendant to a ten-year term of supervised release and that the error was obvious. However, the court concluded that the term of supervised release is fair and does not call into question the integrity of judicial proceedings. In this case, the district court expressed its concern with defendant’s “temporary living arrangements” and that his life was not “squared away.” The district court also stated that, upon release, defendant had to find a “residence approved by your probation officer.” Moreover, defendant, after asking for a below-Guidelines term of imprisonment, requested that the judge impose “supervision for as much as you want.” Accordingly, the court declined to exercise its discretion to correct the error.