United States v. David Johnson

This appeal presents the question of whether a district court may require a sexual offender assessment — not treatment, just an assessment — as a condition of supervised release when the defendant has two decades-old prior sexual offense convictions involving weapons, when the current offense also involves a weapon, and when the defendant’s prior completion of sex offender treatment cannot be confirmed. We conclude that it may require such an assessment and affirm the condition imposed in this case.

I. Background

Defendant David Louis Johnson pled guilty to knowing and unlawful possession of a firearm in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2). The district court sentenced him to five years of supervised release subject to special conditions. At the suggestion of the Probation Office, the district court later modified the sentence to require that Johnson undergo a sexual offender assessment as an additional condition of his supervised release.

Johnson had two previous sexual offense convictions. In 1980, Johnson raped a nineteen year-old woman twice at knife point. He was sentenced to nine years in prison for rape, sodomy, kidnaping, and false imprisonment.…