USA v. Porter, No. 21-10817 (5th Cir. 2022)
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In this sentencing appeal following a child pornography conviction, Appellant asked the Fifth Circuit to disturb the district court’s revocation judgment, claiming the judge (1) relied on unsworn statements by the prosecutor, and (2) announced conditions of supervised release that conflicted with the written judgment.
The Fifth Circuit affirmed. The court concluded that the record belies both claims. For one, ample evidence supported the prosecutor’s comments—precluding any legitimate claim of plain error. Second, the record reveals that the challenged discrepancy produced nothing more than ambiguity that is resolved by the district court’s clearly expressed intent: reimposition of the original conditions of supervised release.
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