U.S. v. JOHNSON

No. 11-30256.

697 F.3d 1249 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. David Louis JOHNSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 30, 2012.


Attorney(s) appearing for the Case

C. Renée Manes , Assistant Federal Public Defender, Portland, OR, for defendant-appellant David Johnson.

Kelly A. Zusman (argued) and Johnathan S. Haub , Assistant U.S. Attorneys, Portland, OR, for plaintiff-appellee United States.

Before: BARRY G. SILVERMAN, RICHARD R. CLIFTON, and N. RANDY SMITH, Circuit Judges.


OPINION

CLIFTON, Circuit Judge:

This appeal presents the question of whether a district court may require a sexual offender assessment — not treatment, just an assessment — as a condition of supervised release when the defendant has two decades-old prior sexual offense convictions involving weapons, when the current offense also involves a weapon, and when the defendant's prior completion of sex offender treatment cannot be confirmed. We conclude...

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