U.S. v. PRESTON

No. 11-10511.

706 F.3d 1106 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Tymond J. PRESTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 5, 2013.

As Amended February 27, 2013.


Attorney(s) appearing for the Case

Professor Keith Swisher , Phoenix, AZ, for the Defendant-Appellant.

Michael T. Morrissey , Assistant United States Attorney for the District of Arizona; Ann Birmingham Scheel , Acting United States Attorney for the District of Arizona; Karla Hotis Delord , Acting Deputy Appellate Chief for the District of Arizona; and Bridget S. Bade , Assistant United States Attorney, Phoenix, AZ, for the Appellee.

Opinion by Judge FARRIS; Dissent by Judge NOONAN.


OPINION

FARRIS, Senior Circuit Judge:

Tymond Preston appeals his conviction for Abusive Sexual Contact in violation of 18 U.S.C. §§ 1153 and 2244, and contests the portion of his sentence imposing a lifetime term of supervised release and several conditions of his supervised release.

After a minor's allegations of sexual assault and an investigation, Preston was indicted for Aggravated Sexual Abuse. The government later agreed to dismiss...

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