Underwood
United States v. Underwood
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;…