Chadha

United States v. Chadha

Good Law
346 F. App'x 191
United States Court of Appeals for the Ninth CircuitSeptember 17, 2009No. 08-50435California956 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Subhash Chadha appeals his sentence following a guilty plea to one count of wire fraud in violation of 18 U.S.C. § 1343 . We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm the sentence, vacate the judgment, and remand with instructions to conform the judgment to the record.

Because Chadha did not object to the conditions of sentencing before the district court, we review his sentence for plain error. United States v. Maciel-Vasquez, 458 F.3d 994 , 996 n. 3 (9th Cir.2006).

Chadha first argues that the district court plainly erred by imposing a condition — that he participate in “mental health counseling as directed by the probation officer” — not reasonably related to any of the 18 U.S.C. § 3553 (a) factors. However, we conclude that Chadha’s sentence is reasonably related to the court’s mandatory consideration of “the need for the sentence imposed ... to provide the defendant with needed ... medical care[ ] or other correctional treatment in the most effective manner.” 18 U.S.C. § 3553 (a)(2)(D). Chadha told the probation officer that he would “rather be dead” than feel the shame caused by his conviction, and that he found…

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