Monday, August 06, 2012

Imposition of sex offender supervised release conditions reversed

U.S. v. Dougan, 2012 WL 2756427 (7/10/12) (Okl.) (Published) - The imposition of sex offender supervised release conditions violated 18 U.S.C. ยง 3583(d) where the robbery defendant allegedly had sex offense convictions that were 17 and 33 years old. The offenses were too remote to make the conditions reasonably related to any sentencing goal. In other circumstances, offenses that old might call for the conditions. But here none of the offenses concerned minors and the defendant did not have an extensive history of committing sex crimes. Nor was there any other evidence he had a propensity to commit future sex offenses. His failures to register as a sex offender made it a closer question, but those failures are different from sex offenses. That the defendant spent 10 of the last 17 years in prison worked against the defendant, but the 10th noted there were plenty of sex crimes committed in prison. The 10th also opined in a footnote that the d. ct. clearly erred when it found the 1994 battery conviction really was a sexual battery as initially charged. The failure of the government to introduce the criminal complaint into evidence was fatal to its claim the evidence of the defendant's conduct was reliable. The 10th nonetheless assumed for the sake of argument that the 1994 conviction was for a sex offense. The 10th could not overturn the d. ct.'s recommendation for sex offender treatment in prison because the recommendation was not binding on BOP.