United States v. Sherwood

After defendant sexually assaulted a fellow high school student on the Kadena Air Base in Okinawa, Japan, he was was indicted in the District of Minnesota, which had jurisdiction under the Military Extraterritorial Jurisdiction Act, 18 U.S.C. 3261 et seq. Defendant pleaded guilty to sexual abuse in violation of 18 U.S.C. 2242(2), 2246(2)(A), and 3261(a)(1), and was sentenced to 60 months in prison followed by the minimum supervised release term of five years. On appeal, defendant challenged two special conditions of supervised release that require him to provide any personal financial information the Probation Office requests and to obtain Probation Office approval before incurring new credit charges or opening additional lines of credit. The court concluded that the district court abused its discretion by imposing the two financial conditions with no explanation and no advance notice, which were not totally related to defendant's offense of conviction and the circumstances surrounding the offense. Accordingly, the court modified the judgment by deleting those conditions and affirmed the judgment as modified. View "United States v. Sherwood" on Justia Law