U.S. v. Jones

Dist. Ct. did not err in sentencing defendant to 18-month term of incarceration and five year term of supervised release on charge of failure to register as sex offender arising out of prior attempted sexual battery of minor conviction, even though defendant argued that Dist. Ct. had ignored his mitigation arguments. While Dist. Ct. only briefly mentioned defendant’s mitigation arguments concerning his educational, employment and volunteer efforts, defendant’s mitigation arguments were contained in PSR, which Dist. Ct. had reviewed and considered. Moreover, Dist. Ct.’s questioning of defendant indicated that it had considered defendant’s mitigation arguments and had simply rejected them. Also, Dist. Ct. could base certain terms of supervised release on defendant’s underlying 26-year-old attempted sexual battery conviction where: (1) defendant had never participated in sex offender treatment program that was required as term of probation in attempted sexual battery conviction; and (2) defendant’s subsequent criminal history, as well as his failure to register as sex offender, indicated potential for defendant to re-offend.