DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
142269P.pdf 07/21/2015 United States v. Christopher Harris
U.S. Court of Appeals Case No: 14-2269
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Kelly, Circuit
Judge]
Criminal case - Sentencing. Recidivism is not an element that must be
admitted or proved to a jury and the question of whether prior offenses
were committed on different occasions is among the recidivism-related
facts covered by the rule of Almendarez-Torres; the special condition of
supervision announced at sentencing - that defendant shall not participate
in any unprotected sex activities without approval of the Probation Office
during the term of supervision - cannot be sustained as the condition is
not reasonably related to the statutory factors set forth in Section
3583(d).