United States v. Orlando, No. 15-2092 (7th Cir. 2016)
Annotate this CaseIn 2013, Orlando was indicted on charges of producing and possessing child pornography. He agreed to plead guilty to four counts of producing child pornography, 18 U.S.C. 2251(a) in exchange for a sentencing recommendation of 35 years imprisonment, followed by lifetime supervision.” The district court, however, imposed a sentence of 40 years in prison followed by a lifetime of supervised release, with mandatory and discretionary conditions of supervision. The court did not evaluate or discuss the sentencing factors from 18 U.S.C. 3583(d), or determine whether each discretionary condition was “reasonably related” to the factors in 18 U.S.C. 3553(a)(1). On remand, the court stated that the remand was limited to the imposition of term and conditions of supervised release and refused to reconsider the length of the sentence of imprisonment. Neither the government nor Orlando objected to the court’s characterization of the order. The Seventh Circuit again vacated and remanded, finding that the district court erred in interpreting the remand order. The court declined to reassign Orlando’s case to a different judge, finding no breach of the plea agreement. When the government had an opportunity to recommend a term of imprisonment at Orlando’s original sentencing, it performed as required.
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