U.S. v. Russell

Dist. Ct. did not abuse its discretion in imposing as special condition of supervised release on drug distribution charge requirement that defendant undergo sex-offender assessment to determine whether sex-offender treatment is necessary. Presentence Investigation Report indicated that defendant had been convicted in 2010 of misdemeanor offense involving defendant’s sexual assault of his stepdaughter, and defendant essentially did not challenge reliability of information contained in presentence report. Moreover, imposition of said condition promoted Sentencing Commission’s policy goals of deterrence, reliability and protection of public. Also, record did not indicate that defendant had previously received sex-offender assessment or treatment. Ct. rejected defendant’s contention that instant misdemeanor offense was too old to support any present need for rehabilitation or protection of public.