United States v. Cruz-Rivera, No. 22-1325 (7th Cir. 2023)
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Cruz-Rivera was convicted of first-degree rape and first-degree assault (stabbing) in 2001, having violently attacked two women who suffered from a mild mental disability. After his 2015 release from prison, he was required to register as a sex offender under SORNA, 34 U.S.C. 20901; he never did so. Cruz-Rivera lived and worked (for a staffing agency, including at a school) in Indiana and was convicted of two felonies—resisting law enforcement and auto theft.
Cruz-Rivera was convicted of failing to register, 18 U.S.C. 2250(a). The PSR recommended a condition of supervised release that required him to submit to the search of his person and property based on “reasonable suspicion” of a violation of a condition of supervision or other unlawful conduct. Cruz-Rivera unsuccessfully objected, arguing that his crimes did not provide a justification for the search of electronics and electronic communications. The Probation Office noted that the condition is imposed on all monitored offenders. “Searches are not conducted without probable cause and only after approval from the Deputy Chief and/or Chief Probation Officer.”
The court imposed a sentence of 41 months’ imprisonment and five years of supervised release after describing Cruz-Rivera’s criminal history and stating that it had considered his mitigation arguments. The Seventh Circuit affirmed. After a conscientious reading of Cruz-Rivera’s PSR, the district court reasonably concluded that the circumstances surrounding his criminal history made the imposition of the contested condition an important ingredient in stopping his antisocial behavior.
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