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United States v. Genovese
Citation: 311 F. App'x 465Docket: No. 06-0570-cr
Court: Court of Appeals for the Second Circuit; February 23, 2009; Federal Appellate Court
William Genovese appeals a February 2, 2006, conviction for unlawfully receiving and distributing trade secrets under 18 U.S.C. § 1832, resulting in a 24-month prison sentence, three years of supervised release with special conditions, and a $100 assessment. He contests two conditions of his supervised release: (1) mandatory sex offender registration if applicable, and (2) undergoing a sex-offense-specific evaluation and participating in a treatment program. The district court has broad authority under 18 U.S.C. § 3583(d) to impose supervised release conditions that are reasonably related to statutory sentencing factors, do not overly restrict liberty, and align with Sentencing Commission policies. The review for abuse of discretion applies, with legal errors assessed for plain error if not raised at sentencing. The court finds that the sex-offender registration condition is reasonably related to Genovese's history, despite his current offense not being sex-related, and sees no abuse of discretion. Although the written judgment did not perfectly match the oral pronouncement regarding registration, it was amended to clarify that registration is contingent on applicability, aligning it with the district court's intent. The court also upholds the requirement for Genovese to undergo evaluation and treatment, rejecting his argument that this delegates authority to the probation officer. The decision specifies that treatment will be based on evaluation results, which does not constitute excessive delegation of discretion. The judgment is affirmed with the noted amendment to the written judgment.