United States v. Pena

64 M.J. 259 (2007)

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United States v. Pena

United States Court of Appeals for the Armed Forces
64 M.J. 259 (2007)

Facts

Timothy J. Pena (defendant) pleaded guilty to sex offenses and was sentenced by a general court-martial to confinement for one year. The Air Force Court of Criminal Appeals affirmed. After Pena served all but 72 days of his confinement, he was involuntarily placed in the Department of Defense Mandatory Supervised Release program for the remainder of his sentence. Pena was subject to extensive conditions of release, including a requirement that he attend a sex-offender treatment program once per week. The paperwork detailing the terms of Pena’s release stated that he was required to remain in the sex-offender treatment program for 24 months and that he was obligated to pay for the program and for computer software. Contrary to the information in Pena’s release paperwork, he was required to attend sex-offender treatment only for the 72 days remaining in his sentence, and he was not required to pay for treatment or for computer software. Pena objected to the terms of his supervised release due to the six-hour round-trip drive from his home to the treatment program and the associated transportation costs. Pena appealed to the United States Court of Appeals for the Armed Forces, arguing, among other things, that the terms of his supervised release impermissibly increased the punishment adjudged by the court-martial. Pena did not provide the court with detailed information about the personal, psychological, financial, or family effects of the conditions imposed on him by the program.

Rule of Law

Issue

Holding and Reasoning (Effron, C.J.)

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