United States v. Frascatore
712 F. App'x 54
| 2d Cir. | 2017Background
- Michael J. Frascatore was on supervised release after a 2008 conviction for distribution of child pornography (original sentence: 60 months prison, 8 years supervised release).
- While on supervised release (beginning August 12, 2011) he committed multiple violations: unapproved contact with a minor, unapproved internet access, unapproved phone contact with minor nieces/nephews, false monthly reports to his probation officer, use of a fictitious Facebook account, and possession of an internet-capable cellphone.
- The District Court revoked supervised release, sentenced Frascatore to nine months’ imprisonment (already served) and eight years’ supervised release.
- On appeal Frascatore argued the sentence was procedurally and substantively unreasonable; he challenged the District Court’s factual findings that his conduct reflected sexual urges rather than inadvertent lapses and argued the court misweighed § 3553(a) factors.
- The Court of Appeals held the confinement portion appeal was moot (term served) but considered whether the supervised-release term was reasonable and affirmed the District Court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of confinement challenge | N/A (appellee) | Confinement appeal can proceed | Appeal of confinement moot because sentence was completed before appeal; court still reviews supervised-release term |
| Procedural error (reliance on factual findings) | District court relied on accurate findings supporting deterrence and deception pattern | Frascatore: court relied on clearly erroneous facts, mischaracterizing inadvertent conduct as driven by sexual urges | No procedural error; findings supported by record and defendant's admissions; plain-error standard not met |
| Substantive reasonableness of sentence | Supervised-release term within permissible range given violations and statutory maximums | Frascatore: sentence substantively unreasonable because court overemphasized alleged sexual motive | Sentence reasonable; 8-year supervised release is within permissible range (max life) and justified by circumstances |
| Consideration of § 3553(a) factors | Court considered appropriate factors and exercised discretion | Frascatore: court failed to properly weigh or considered improper factors | No abuse of discretion; sentencing judge properly considered § 3553(a) and reweighing is not appellate function |
Key Cases Cited
- United States v. Probber, 170 F.3d 345 (2d Cir.) (mootness where confinement completed)
- United States v. Mazza Alaluf, 621 F.3d 205 (2d Cir. 2010) (challenge to supervised-release term may survive mootness of confinement)
- United States v. Bonilla, 618 F.3d 102 (2d Cir. 2010) (abuse of discretion review for sentences)
- United States v. Cavera, 550 F.3d 180 (2d Cir.) (procedural error types for sentencing review)
- United States v. Fernandez, 443 F.3d 19 (2d Cir.) (Guidelines sentences typically reasonable)
- United States v. Florez, 447 F.3d 145 (2d Cir. 2006) (weight of § 3553(a) factors committed to sentencing judge)
- United States v. Cook, 722 F.3d 477 (2d Cir.) (elements of plain-error review)