United States District Court, E.D. Tennessee
MEMORANDUM AND ORDER
Jordan United States District Judge
defendant pled guilty to failing to register as a sex
offender. He will be sentenced on July 20, 2017. The United
States Probation Office has prepared and disclosed a
Presentence Investigation Report (“PSR”) [doc.
17]. The defendant has filed five objections to the PSR,
including a challenge to the recommendation that the court
impose a special condition of supervised release pertaining
to sex offenders. That condition provides, “The
defendant shall submit to a psychosexual assessment at
his/her own expense, as directed by the probation
probation office has filed a PSR Addendum responding to the
defendant's objections [doc. 20], and the United States
has addressed the disputed special supervision condition in
its sentencing memorandum [doc. 21]. For the reasons that
follow, all of the defendant's objections will be
overruled and the disputed special condition will be imposed,
although in a slightly modified form.
and Criminal History
agreed factual basis in this case, which was signed by the
defendant and his attorney, provides in material part,
On April 27, 2005, the defendant pleaded guilty to two counts
of sexual battery in violation of Tennessee Code Annotated
§ 39-13-505 in Sullivan County, Tennessee. As a result
of this conviction, the defendant was required to register as
a sex offender.
The defendant was placed on supervised release [in 2015,
following state convictions for violations of the sex
offender registry] and fitted with an electronic monitoring
device. On November 1, 2016, while under supervised release,
the defendant removed the electronic monitoring device and
the Tennessee Board of Probation and Parole submitted a
Violation of Probation petition and requested assistance from
the Tennessee Department of Corrections, which placed the
defendant in a fugitive status.
On January 12, 2017, the Tennessee Department of Corrections
and the United States Marshals Service arrested the defendant
at the Veterans Affairs Medical Center in Mountain Home,
Tennessee [where he was working].
Between November 1, 2016[, ] and January 12, 2017, the
defendant traveled in interstate commerce between various
communities in Virginia and Tennessee. The defendant did not
notify law enforcement authorities of his presence in those
communities and did not comply with the sex offender
registration laws of Tennessee and Virginia during that
period of time.
The defendant was aware of his obligation to update his
registration in Tennessee and in Virginia and knowingly and
willfully failed to register.
remaining pertinent background information discussed below is
taken from the PSR and has not been objected to by the
defense. As such, these details are conclusively accepted by
the court as findings of fact. See Fed. R. Crim. P.
above-cited 2005 convictions, for Sexual Battery, stemmed
from events occurring in 2003. The victim was thirteen years
old and the defendant was eighteen. [PSR ¶ 26]. The
defendant had consumed at least fourteen beers. Id.
defendant's subsequent convictions include violent and
reckless conduct. Id. ¶¶ 28, 29. He
committed multiple infractions while in the custody of the
Tennessee Department of Correction. Id. ¶ 28.
He has violated conditions of probation and has three prior
convictions for violation of the sex offender registry.
Id. ¶¶ 26, 31, 32. On one of those
occasions, he was ultimately located hiding in a home where
children were present. Id. ¶ 33. The defendant
subsequently used a knife to cut off an electronic tracking
device and went missing for more than two months.
Id. ¶ 32. Admittedly, he was “on the