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171148P.pdf 12/13/2017 United States v. Richard Lincoln
U.S. Court of Appeals Case No: 17-1148
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Shepherd, Author, with Loken and Arnold, Circuit Judges]
Criminal case - Sentencing. Special sex-offender condition of defendant's
supervision in his revocation sentence was justified by his prior
conviction for aggravated sexual assault and failure to register as a sex
offender; while the offenses occurred some time ago, defendant never
completed a sex-offender treatment program and the probation officer had
concluded that he displayed some moderate risk for re-offending; the
continued presence of risk factors, combined with the lack of prior
treatment, indicates defendant's rehabilitative needs support the
condition. Further, it should be noted that defendant had begun the
treatment program before committing the current violation (completion of
sex offender treatment was a condition of supervision in his original
sentence) and defendant's flagrant violation of supervision should not
result in his release from an obligation imposed in his original sentence.