U.S. v. ROSARIO

No. 03-1686-CR.

386 F.3d 166 (2004)

UNITED STATES of America, Appellee, v. Roberto ROSARIO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 8, 2004.


Attorney(s) appearing for the Case

Yuanchung Lee, The Legal Aid Society, Federal Defender Division Appeals Bureau, New York, N.Y., submitted a brief for Defendant-Appellant.

David N. Kelly, U.S. Attorney, Michael Y. Scudder, Jr., Celeste L. Koeleveld, Asst. U.S. Attys., New York, N.Y., submitted a brief for Appellee.

Before: NEWMAN, CALABRESI, and HALL, Circuit Judges.


NEWMAN, Circuit Judge.

This sentencing appeal primarily concerns the issue of whether a condition of supervised release requiring registration as a sex offender violates the Tenth Amendment. The appeal also presents the issue of whether a modification of the terms of supervised release may validly be made in the defendant's absence after the oral pronouncement of the sentence. Roberto Rosario appeals from the November 7, 2003, judgment of the United States District...

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