United States v. Daniels

541 F.3d 915, 2008 U.S. App. LEXIS 18538
Court of Appeals for the Ninth Circuit·Decided August 29, 2008·No. 10-1330·Published·Cited by 172 cases

Opinion

WALLACE, Circuit Judge:

Daniels appeals from the sentence he received after pleading guilty to possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). He challenges the length and several conditions of his lifetime term of supervised release. We affirm in part, and vacate and remand in part.

I

In August 2004, special agents of the Federal Bureau of Investigation (FBI) were investigating the distribution of child pornography over the internet through online chat groups. After identifying a group whose members traded child pornography over the internet, the FBI traced the online identity of one group member to Daniels in Upland, California. In September 2004, the FBI executed a federal search warrant for Daniels’ Upland residence. Daniels made two statements to the FBI in which he admitted that he was a member of the subject group, that he participated in the group in a female persona, that on several occasions he had downloaded child pornography from the internet and uploaded child pornography to the internet, and that he had child pornography saved on his computer hard drive and on computer diskettes in his home.

FBI agents seized a computer, 223 diskettes, three compact discs, three videotapes, and eleven file folders of documents belonging to Daniels. A search of these media revealed thousands of images and videos of child pornography, and examiners at the National Center for Missing and Exploited Children determined that these thousands of images included 659 images depicting identified victims of child sexual abuse.

In exchange for Daniels’ agreement to plead guilty to a single-count information alleging possession of child pornography and to waive certain appellate rights, the government agreed not to prosecute Daniels for violations of 18 U.S.C. § 2252A(a)(l)-(4) or (6) which would have charged him with receipt, distribution, reproduction, advertisement, promotion, solicitation, or sale of child pornography, or possession with intent to sell child pornography. The plea agreement stated that the maximum sentence included ten years of imprisonment and a lifetime period of supervised release. As part of the plea agreement, Daniels consented to several conditions of supervised release related to the use of computers and the internet. The district court accepted the plea agreement.

The Probation Office filed its Presen-tence Report (PSR) on Daniels and recommended a lifetime term of supervised release, observed that the lifetime term was warranted by applicable statutory provisions, and recommended incarceration within the sentencing guidelines. The PSR reasoned that Daniels’ interest in child pornography over a number of years, his desire to protect his illegal pornographic images, and “an unknown clinical *921 risk assessment of his behavior” all supported the imposition of the lifetime term. The government’s sentencing memorandum agreed with the Probation Office’s recommendations and with the justification for the recommendations.

Daniels objected to the lifetime term and certain special conditions of supervised release, arguing that they were unreasonable and that they did not comport with the governing statutory requirements. In response, the Probation Office reiterated that a lifetime term of supervised release was necessary:

Because the defendant has carefully controlled the type of information provided to the Court as to his psychological condition and orientation, a lifetime term of supervised [release] is necessary for protection of the community, as a truly independent risk assessment has not been conducted. Perhaps even more compelling is that such a term is needed to meet the goal of ensuring adequate rehabilitative treatment. The issues underlying sex offenses are typically deeply ingrained and require life long management. Should the defendant be able to demonstrate to the Court during the term of supervised release that all the underlying clinical truths as to his condition have been identified and ameliorated, the defendant can apply for an early termination of his supervised release.

Most of the argument at the sentencing hearing related to the term of imprisonment. The lifetime term of supervised release and special conditions of release were not brought up by either party. The district court ultimately imposed a 51-month sentence of imprisonment, below the low-end of the advisory Guidelines range. Although Daniels’ opening brief challenged his term of imprisonment as unreasonable, he withdrew that argument in his reply brief. The district, court also imposed a lifetime term of supervised release with several special conditions, including those to which Daniels had consented in the plea agreement and others for which he had not waived appellate rights. Daniels timely appealed, challenging the length of his term of supervised release as well as several of its special conditions.

II

We first address Daniels’ challenges to the district court’s imposition of a lifetime term of supervised release. The length of Daniels’ term of supervised release is part of his sentence and is reviewed for reasonableness. See United States v. Cope, 527 F.3d 944, 950 (9th Cir.2008). “On appeal, we first consider whether the district court committed significant procedural error, then we consider the substantive reasonableness of the sentence.” United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc).

Daniels argues that the lifetime term must be reversed because the district court failed to explain its reasons for its imposition in violation of 18 U.S.C. § 3553(c), which provides that “[t]he court, at the time of sentencing, shall state in open court the reasons for its imposition of the particular sentence.” Failure to explain adequately the sentence selected can be procedural error. See Carty, 520 F.3d at 993. The Supreme Court has explained that section 3553(c) requires a sentencing court to “set forth enough to satisfy the appellate court that [it] has considered the parties’ arguments and has a reasoned basis for exercising [its] own legal decision-making authority.” Rita v. United States, - U.S. -, 127 S.Ct. 2456, 2468, 168 L.Ed.2d 203 (2007). “What constitutes a sufficient explanation will necessarily vary depending upon the complexity , of the particular case, whether the sentence chosen *922 is inside or outside the Guidelines, and the strength and seriousness of the proffered reasons for imposing a sentence that differs from the Guidelines range. A within-Guidelines sentence ordinarily needs little explanation. ...” Carty, 520 F.3d at 992. No lengthy explanation is necessary if “the record makes clear that the sentencing judge considered the evidence and arguments.” Rita, 127 S.Ct. at 2469.

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United States v. Daniels, 541 F.3d 915, 2008 U.S. App. LEXIS 18538 (9th Cir. 2008).

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