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United States v. Garcia

United States Court of Appeals, First Circuit

September 22, 2017

UNITED STATES OF AMERICA, Appellee,
v.
ROGER GARCIA, Defendant, Appellant.

         APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND [Hon. William E. Smith, Chief U.S. District Judge]

          John T. Ouderkirk, Jr. on brief for appellant.

          Donald C. Lockhart, Assistant United States Attorney, and Stephen G. Dambruch, Acting United States Attorney, on brief for appellee.

          Before Howard, Chief Judge, Stahl and Lynch, Circuit Judges.

          HOWARD, CHIEF JUDGE.

         Defendant-Appellant Roger Garcia challenges the district court's imposition of supervised release conditions, after the district court vacated his original sentence under Johnson v. United States, 135 S.Ct. 2551 (2015). Those release conditions require him to "participate in a sex offender specific evaluation, " and restrict his contact with minor children. Perceiving no abuse of discretion, we affirm.

         I.

         In 2010, Garcia pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court imposed a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e). More than five years later, in the wake of Johnson, which invalidated the relevant portion of the ACCA, Garcia moved to vacate his sentence. The government agreed that this relief was appropriate.

         The district court granted Garcia's motion, vacated his prior sentence, and conducted a resentencing hearing. The court sentenced Garcia to time served, which meant that he would be promptly released, but went on to impose certain special conditions of supervised release, related to Garcia's history of sex offenses. These special conditions had not been included in the original sentence.

         Garcia's criminal history was indeed substantial. In 1980, he was convicted of rape and sentenced to three years in prison. That same year, he was charged with aggravated sexual assault on a child, but ultimately pled guilty to assault resulting in bodily injury and received a one-year sentence. In 1985, Garcia was convicted of sexual assault in the second degree on a teenage victim and sentenced to prison for a year. In 1991, he was convicted of second degree child molestation based on two separate incidents at elementary schools. He received an incarcerative sentence of eighteen months. Garcia's criminal conduct during this time period was not limited to sex offenses. He also compiled convictions for vehicle theft, robbery by assault, entering a building with felonious intent, and possession of marijuana.

         While Garcia had not been convicted of any sex offense since 1991, his recent criminal history remained significant. He had been convicted of domestic assault and possession of marijuana in 2000, as well as distribution of heroin in 2007.

         At the resentencing hearing, the district court provided the following explanation for imposing the supervised release conditions:

[Y]ou have a history of hands-on sex offenses in your past. I recognize that these offenses are dated, but everything that I know and that the Probation Office is aware of in terms of the information about sex offenders is that there is a propensity to reoffend. This is all designed to . . . both protect the public and to keep you out of trouble. And I think that your chances of not offending are enhanced by having the evaluation I'm talking about in these conditions as well as not being put into a situation where you might offend. . . . I've . . . left a couple of standard conditions off of this list that are more onerous . . . because I don't ...

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