United States v. Clarence Lee Moree

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 09-13911 ELEVENTH CIRCUIT
APRIL 8, 2010
Non-Argument Calendar
JOHN LEY
________________________
CLERK
D. C. Docket No. 09-80033-CR-KAM
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CLARENCE LEE MOREE,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(April 8, 2010)
Before BLACK, BARKETT and HULL, Circuit Judges.
PER CURIAM:
Clarence Lee Moree appeals his sentence for three counts of attempting to
smuggle aliens into the United States for profit, in violation of 8 U.S.C.
§ 1324(a)(2)(B)(ii). On appeal, Moree asserts the special conditions to his
supervised release were not justified. Specifically, Moree contends the special
condition requiring him to attend sex offender treatment is not justified because his
only prior sex offense occurred twenty years ago and thus is too remote in time.
Moree similarly claims he should not be required to attend substance abuse
treatment because there is no evidence indicating he has used cocaine since 2002.
“We review the imposition of special conditions of supervised release for
abuse of discretion.” United States v. Moran, 573 F.3d 1132, 1137 (11th Cir.
2009). We will find an abuse of discretion “only if we have a ‘definite and firm
conviction that the [district] court committed a clear error of judgment in the
conclusion it reached.’” (alteration in original) (quoting United States v. Taylor,
338 F.3d 1280, 1283 (11th Cir. 2003)). A “district court may impose any
condition of supervised release it deems appropriate so long as it comports with the
factors enumerated in § 3553(a).” United States v. Zinn, 321 F.3d 1084, 1089
(11th Cir. 2003). When imposing special conditions on supervised release, a
district court must consider the history and characteristics of the defendant, as well
as what conditions best provide for adequate punishment and rehabilitation of the
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defendant, protect society at large, and accomplish the purposes of sentencing.
U.S.S.G. § 5D1.3(b); 18 U.S.C. § 3583(c). Each factor is an independent
consideration to be weighed, and as such, a special condition need not be supported
by each factor. Moran, 573 F.3d at 1139.
The Sentencing Guidelines identify special conditions of supervised release
that a district court may order, including that a defendant participate in substance
abuse treatment and mental health treatment. U.S.S.G. § 5D1.3(d)(4), (5). District
courts may impose these conditions to address prior unrelated crimes. United
States v. Bull, 214 F.3d 1275, 1276–78 (11th Cir. 2000). We have previously
found that a prior conviction dating back nine years is not too remote to support a
special condition of supervised release and that other factors, such as failure to
register as a sex offender or residing with a minor after being convicted of lewd
and lascivious activity with a minor, may negate a defendant’s argument that an
offense is too remote to be considered for special conditions. Moran, 573 F.3d at
1139.
We conclude the district court did not abuse its discretion by imposing
special conditions on Moree’s supervised release. Moree’s psychological
evaluation and referral to a sex offender treatment program just months before his
sentencing rebuts his assertion that the prior conviction was too remote to support
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the condition. The record demonstrates the district court considered the § 3553(a)
factors and found that, based on Moree’s history and the public interest, evaluation
for sex offender treatment fulfilled the goals of sentencing. Further, given Moree’s
history and characteristics, including his past drug convictions and drug use,
evaluation for substance abuse treatment is a reasonable condition that seeks to
adequately rehabilitate the defendant. The district court did not commit a clear
error in judgment, and we accordingly affirm the special conditions on Moree’s
supervised release.
AFFIRMED.
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