In U.S. v. Moran, No. 08-16987 (July 1, 2009), the Court found no error in the sentencing court’s imposition, without prior notice in advance of sentencing, of special conditions of supervised release to address a defendant’s proclivity to sexual misconduct.
The Court reasoned that supervised release, by its nature "comes with conditions." Based on his criminal history, which involved allegations of sexual misconduct, Moran knew that this would come up at this sentencing – and he did not request a continuance.
The Court also upheld the conditions imposed. The requirement to participate in a mental health program for sex offenders was justified by Moran’s documented history of sex-related offenses. Such a condition could be imposed even though it was unrelated to Moran’s firearm possession conviction. The condition was justified by Moran’s prior failure to register as a sex offender. Further it was proper to require Moran to register as a sex offender, given the new requirements of the Sex Offender Registration and Notification Act. The Court also upheld the restriction on Moran’s access to the internet.
