Underwood

United States v. Underwood

Good Law
334 F. App'x 825
United States Court of Appeals for the Ninth CircuitJune 8, 2009No. 08-50201California787 words

Opinion

Lead Opinion

MEMORANDUM ***

Defendant David Carey Underwood pleaded guilty to possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). He appeals several aspects of the supervised release sentence imposed on him by the district court.

1. We review a term of supervised release for reasonableness because it is part of a defendant's sentence. United States v. Daniels, 541 F.3d 915, 921 (9th Cir.2008), cert. denied, - U.S. , 129 S.Ct. 1600 , 173 L.Ed.2d 687 (2009). We first consider whether the district court committed significant procedural error and then whether the sentence is substantively reasonable. id.; United States v. Carty, 520 F.3d 984, 993 (9th Cir.) (en banc), cert. denied, - U.S. - 128 S.Ct. 2491 , 171 L.Ed.2d 780 (2008).

The district court sufficiently explained its imposition of a lifetime term of supervised release, and the term was not substantively unreasonable. The court explained that several factors influenced its decision to impose the lifetime supervised release term, including the number of illicit images that Defendant possessed and the length of time during which he possessed them; the victimization of minors that Defendant's behavior encouraged;…

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