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United States v. Johnson

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Parole and Post-Prison Supervision
  • Date Filed: 10-30-2012
  • Case #: 11-30256
  • Judge(s)/Court Below: Circuit Judge Clifton for the Court; Circuit Judges Silverman and N.R. Smith

A court may impose a condition on supervised release for convictions that include similar factors or aspects from a defendant鈥檚 prior convictions if such a condition would protect the public and help to rehabilitate the defendant.

Johnson pleaded guilty to knowing and unlawful possession of a firearm in violation of 18 U.S.C. 搂搂 922(g)(1) and 924(a)(2). The district court sentenced him to five years of supervised release, subject to a condition that Johnson undergo a sexual offender assessment. Johnson had used weapons during two prior sexual offense convictions. Despite claims of completion of sexual offense treatment for his decades-old convictions, the Probation Office could not verify Johnson鈥檚 claim. The district court determined that the assessment was a 鈥渧ery minor restraint on liberty鈥 and decided that its 鈥渙bligation for the safety of the public, as well as rehabilitation of this defendant鈥 justified the assessment. Johnson challenged the reasonableness of the assessment and argued that 鈥渢he assessment violate[d] his Fifth Amendment right against self-incrimination.鈥 The question on appeal was whether a district court may require a sexual offender assessment as a condition of supervised release when the defendant has two prior sexual offense convictions involving weapons, and completion of sex offender treatment cannot be confirmed. Reviewing for an abuse of discretion, the Court determined that a district court may impose a condition of supervised release if it 鈥渋nvolves no greater deprivation of liberty than is reasonably necessary鈥 to punish, deter, protect the public from or rehabilitate the defendant. 18 U.S.C. 搂 3583(d)(2). The condition should also 鈥渞easonably relate[ ]鈥 to 鈥渢he nature and circumstances of the offense and the history and characteristics of the defendant.鈥 18 U.S.C. 搂 3583(d)(1) and 搂 3553 (a)(1). It was not an abuse of discretion for the district court to apply an assessment condition to a defendant twice convicted of violent sexual offenses with weapons when the current offense also concerned a weapon. The Court noted that district court has 鈥渨ide latitude鈥 to apply such conditions, which will allow for more informed decisions. AFFIRMED.

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