United States v. Evans, No. 12-3726 (7th Cir. 2013)Annotate this Case
Evans, convicted of being a felon in possession of a firearm, 18 U.S.C. 922(g)(1) and 924(a)(2), and of possessing cocaine and marijuana with intent to distribute it, 21 U.S.C. 841(a)(1), (b)(1)(C), and (b)(1)(D), was sentenced to 55 months’ imprisonment followed by three years of supervised release. Eleven days later he pleaded no contest, in Wisconsin state court, on two charges involving sexual abuse of a minor, and was sentenced to five years of probation to follow his federal term of supervised release. When the federal district court learned of the state convictions two years later, it modified the terms of Evans’s original sentence to require Evans to attend a sex offender assessment and treatment program while on supervised release. The Seventh Circuit affirmed, rejecting arguments that the district court did not have authority to change the terms when he had not violated existing terms and that the court was not authorized to impose sex‐offender treatment because it is unrelated to the crimes of conviction in federal court. Because Evans’s sex‐offense conviction was contemporaneous to his drug and firearm convictions, the goals of rehabilitation and protecting the public justified the decision.