U.S. v. Gabriel

Dist. Ct. did not err in sentencing 80-year-old defendant to statutory 15-year minimum term of incarceration plus life-term of supervised release on charge of producing child pornography and posting it on internet. While defendant argued that his life term of supervised release was procedurally improper because Dist. Ct. had failed to separately justify its length by referencing factors set forth in 18 USC section 3583(c), Dist. Ct. need not separately justify length of supervised release where, as here, Dist. Ct.’s justification for imposing term of imprisonment can also apply to term of supervised release. Moreover, Dist. Ct. adequately justified instant life term of supervised release by acknowledging defendant’s sexual deviancy and ease in which crimes victimizing minors can be committed by means of computer, as defendant did in charged offense. Also, defendant waived any challenge to specific conditions of his supervised release, where defendant had advance knowledge of said conditions and expressly declined to raise any objection, although invited by Dist. Ct. to do so.