Argued: November 1, 2018
from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, Senior District
S. Patel, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greenbelt,
Maryland, for Appellant.
E. Budlow, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore,
Maryland, for Appellee.
Wyda, Federal Public Defender, Baltimore, Maryland, Joanna
Silver, Appellate Attorney, OFFICE OF THE FEDERAL PUBLIC
DEFENDER, Greenbelt, Maryland, for Appellant.
Stephen M. Schenning, Acting United States Attorney, Paul
Riley, Assistant United States Attorney, OFFICE OF THE UNITED
STATES ATTORNEY, Baltimore, Maryland, for Appellee.
GREGORY, Chief Judge, NIEMEYER, and HARRIS, Circuit Judges.
GREGORY, CHIEF JUDGE:
Carl Javan Ross appeals his sentence, which the district
court imposed after Ross was convicted of two counts in
violation of 18 U.S.C. § 2252(a)(2), and one count in
violation of 18 U.S.C. § 2252(a)(4)(b). Ross contends
the district court did not explain why it imposed his term of
confinement and did not address his non-frivolous arguments
in favor of a lower sentence. These omissions render his
sentence procedurally unreasonable, according to Ross. In
addition, Ross argues the district court committed procedural
error with its imposition of special conditions of supervised
release. We agree, and for the reasons that follow, we vacate
Ross's sentence and remand for resentencing.
December 7, 2016, a jury convicted Ross of two counts of
receipt of child pornography, in violation of 18 U.S.C.
§ 2252(a)(2), and one count of possession of child
pornography in violation of 18 U.S.C. § 2252(a)(4)(b).
The United States Probation Office filed a Presentence
Investigation Report ("PSR") that included a
recommended term of confinement and recommended special
conditions of supervised released. The PSR calculated
Ross's final offense level as 35 and included various
enhancements reflecting the repugnant nature of the materials
in his possession. J.A. 92-93. The PSR calculated Ross's
Criminal History Category as II given that he had a prior
state court conviction for a sexual offense involving a
minor. J.A. 94. The Government and Ross both
submitted sentencing memoranda.
district court held a sentencing hearing and adopted the
PSR's advisory Guidelines range: 188 months to 235 months
in prison. The district court ordered a term of confinement
of 120 months as to each count, to run concurrently with each
other but consecutive to his state court sentence. J.A. 63.
The district court placed Ross on supervised release for the
rest of his life "subject to the special conditions set
forth in the ...