United States v. Scott Becker

Good Law
682 F.3d 1210·2012 WL 2308616·2012 U.S. App. LEXIS 12360
United States Court of Appeals for the Ninth CircuitJune 19, 201211-30250California872 words

Opinion

Opinion

Gould, J.

Scott Andrew Becker (“Becker”) pled guilty to knowingly taking or receiving obscene matters from an interactive computer service in violation of 18 U.S.C. § 1462 , a crime that does not categorically constitute a “sex offense” as defined by the Sex Offender Registration and Notification Act (“SORNA”). See 42 U.S.C. § 16911 (5)(A). At the change of plea proceedings, Becker stated, “I believe that I am guilty of the charges and did download child pornography or possess child pornography during the time said.” The district court sentenced Becker to a 60-month custodial term followed by a 3-year supervised release term. The district court imposed several conditions of supervised release, including the requirement that Becker complete a sex offender treatment program.

After completing his custodial sentence and beginning supervised release, Becker violated the terms of his supervised release by, inter alia, not attending sex offender treatment. Becker then appeared before the same district court judge who had imposed the initial sentence. The district court revoked Becker’s supervised release, and, along with imposing a 9-month custodial term followed by a new 27-month…

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