United States v. Bahr, Jr., No. 12-30218 (9th Cir. 2013)
Annotate this CaseDefendant pled guilty to two counts of possessing child pornography. On appeal, defendant challenged his 240-month concurrent sentences. The court vacated and remanded for resentencing where the district court erred in considering defendant's compelled statements obtained during sex offender treatment in violation of his Fifth Amendment privilege against self-incrimination. The court left the issue of the admissibility of a witness's testimony for the district court on remand and declined to reassign the case.
Court Description: Criminal Law. Vacating a sentence and remanding, the panel held that the district court’s consideration, at sentencing, of compelled statements made by the defendant in the course of sex offender treatment during an earlier period of post-prison supervision violated his Fifth Amendment privilege against self-incrimination. The panel left to the district court on remand the determination whether the defendant’s mother’s testimony was admissible.
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