United States v. Tony Gustafson

MEMORANDUM

Defendant-Appellant Tony Lee Gustaf-son appeals the imposition of lifetime supervised release as well as two conditions of his supervision. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

First, Gustafson challenges the district court’s decision to sentence him to lifetime supervised release. The government contends, and Gustafson does not dispute, that Gustafson did not raise his objections to lifetime supervised release before the district court, and therefore that the proper standard of review is for plain error. We therefore consider whether Gustafson has shown “(1) error, (2) that is plain, and (3) that affects substantial rights.” United States v. Vanderwerfhorst, 576 F.3d 929, 934 (9th Cir. 2009).

Gustafson argues that the district court relied on “false or unreliable information” in imposing his sentence, Vander werfhorst, 576 F.3d at 935 , because it considered the absence of a psychosexual report as evidence of Gustafson’s risk of reoffense. In fact, the district court explicitly stated that “I am not attaching anything to the lack of a psychosocial evaluation,” and further identified several factors that it believed indicated a risk to reoffend,…