U.S. v. Orlando

Defendant was entitled to new sentencing hearing on his conviction on several child pornography production counts, where: (1) Ct. of Appeals had previously remanded matter for full resentencing after having found errors in Dist. Ct.’s original imposition of certain terms and conditions of defendant’s supervised release; and (2) Dist. Ct. only addressed defendant’s terms and conditions of supervised release at first remand. As such, defendant’s original 40-year term of incarceration could be raised or lowered during new sentencing hearing after considering new terms/conditions of supervised release. Ct. further rejected defendant’s claim that govt. had breached plea agreement to recommend 35-year term of incarceration, where: (1) govt. had made such recommendation during original sentencing hearing; and (2) Dist. Ct. refused to consider change in defendant’s term of incarceration during first remand of matter. Dist. Ct. must also impose upon remand mandatory and discretionary terms of supervised release, rather than wait for said imposition until time closer to defendant’s release from prison.