FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
RHODE ISLAND [Hon. William E. Smith, Chief U.S. District
T. Ouderkirk, Jr. on brief for appellant.
C. Lockhart, Assistant United States Attorney, and Stephen G.
Dambruch, Acting United States Attorney, on brief for
Howard, Chief Judge, Stahl and Lynch, Circuit Judges.
HOWARD, CHIEF JUDGE.
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.
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
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.
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.
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.
resentencing hearing, the district court provided the
following explanation for imposing the supervised release
[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 ...