States District Court, D. The primary issue is whether the Court should sustain Defendant James Charles Mollohan's objection to a proposed special sex-offender condition for supervised release in the Presentence Investigation Report "PSR" Psychosexual evaluation albuquerque June 5,when Mollohan is being sentenced for Armed Bank Robbery, in violation of 18 U.
The last paragraph on page three of "Attachment A" to the PSR states the following proposed condition Psychosexual evaluation albuquerque supervised release:. Attachment A to the PSR at 3. Mollohan objects to this condition on the grounds that it is too remote and not reasonably related to the present offenses for which he is being sentenced: Armed Bank Robbery, in violation of 18 U. See Objection at The United States Probation Office responds that this condition is necessary, because Mollohan was previously convicted of a sex offense inand the United States Probation Office has been unable to determine if Mollohan ever received a psychosexual evaluation or sex offender treatment.
The Court finds that the proposed condition is not reasonably related to the offense's nature and circumstances or Mollohan's history and characteristics, and accordingly sustains Mollohan's objection.
A sentencing court has broad discretion under 18 U. This discretion has limits, however. In United States v. The PSR in Dougan recommended sex offender treatment, because the defendant had two prior convictions for sex offenses — the most recent of which occurred seventeen years before the offense for which the defendant was being sentenced.
The Tenth Circuit reasoned that. In line with the Tenth Circuit's holding in Dougan, the United States Courts of Appeals for the First, Sixth, Eighth, and Ninth Circuits have similarly found that it is abuse of discretion for a district court to impose special sex-offender conditions of release based on an offense that is more than ten years old.