United States v. Kennedy
24-10556
5th Cir.Mar 20, 2025Background
- John Fitzgerald Kennedy was convicted for failing to register as a sex offender under 18 U.S.C. § 2250(a).
- The district court imposed a 60-month sentence—above the advisory Guidelines range.
- At sentencing, the district court considered Kennedy’s bare arrest record as part of the justification for an increased sentence.
- Kennedy did not object to the district court’s reliance on the arrest record at trial, meaning appellate review was only for plain error.
- Other factors at sentencing included Kennedy’s pattern of possessing child sexual abuse material, recidivism, and the need for deterrence and public protection.
- The district court stated it would have given the same sentence even if it had not relied on the arrest record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reliance on bare arrest records made the sentence procedurally/substantively unreasonable | Sentence was procedurally and substantively valid due to weight of other factors | Sentence was unreasonable; improper reliance on bare arrest record | No reversible error; error did not affect substantial rights |
Key Cases Cited
- United States v. Johnson, 648 F.3d 273 (5th Cir. 2011) (reliance on bare arrest records is error in sentencing)
- United States v. Zarco-Beiza, 24 F.4th 477 (5th Cir. 2022) (error harmless if court’s main motivation was not the improper factor, and other valid factors support the sentence)
- United States v. Broussard, 669 F.3d 537 (5th Cir. 2012) (plain error standard for unpreserved sentencing arguments)
- United States v. Hott, 866 F.3d 618 (5th Cir. 2017) (affirming sentence where court stated it would impose the same sentence irrespective of guidelines error)