United States v. Aaron Franco

MEMORANDUM

Defendant-Appellant Aaron Franco appeals several conditions of supervised release imposed by the district court after he pleaded guilty to possessing child pornography, a violation of 18 U.S.C. § 2252 (a)(4)(B). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 .

At the time of his offense Franco was twenty years old, lived in his family home adjacent to a park with his mother and younger brother, and had no prior problems with the law. Franco’s parents divorced when he was young and his father was not around much. During the proceedings before the district court Franco worked part-time at a retail store and was a community college student. The district court believed Franco’s mental health issues and recent family tragedies caused his offense conduct. The district court sentenced Franco to six months’ imprisonment and seven years supervised release, despite a guideline range of 78-97 months.

Franco’s probation officer visited his family home and decided that he could not live there because it was next to a public park, and that Cal. Pen.Code § 3003.5(b) barred sex offenders from residing within 2,000 feet of a school or park. Given that restriction,…