June 10, 2015,.
from the United States District Court for the Southern
District of Indiana, Indianapolis Division. No.
1:13-CR-00079-001 -- Jane E. Magnus-Stinson, Judge.
UNITED STATES OF AMERICA, Plaintiff - Appellee: Steven D.
DeBrota, Attorney, Bob Wood, Attorney, OFFICE OF THE UNITED
STATES ATTORNEY, OFFICE OF THE UNITED STATES ATTORNEY,
Indianapolis, IN; Amy Elizabeth Larson, DEPARTMENT OF
JUSTICE, Washington, DC.
JOHN ALAN LEWIS, Defendant - Appellant: Daniel J. Hillis,
Attorney, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Springfield,
IL; Thomas W. Patton, Attorney, OFFICE OF THE FEDERAL PUBLIC
DEFENDER, Peoria, IL.
MANION, WILLIAMS, and HAMILTON, Circuit Judges.
found appellant John A. Lewis guilty of five federal sex
offenses. The district court sentenced Lewis, who is 66 years
old and in poor health, to the statutory mandatory minimum
sentence of 35 years in prison. Lewis has appealed, but he
does not challenge either his convictions or the prison term.
The district judge, while recognizing that the chances Lewis
will survive his prison sentence are low, also included in
his sentence a life term of supervised release. The only
issues before us concern the supervised release portion of
his sentence. (Lewis also raised a minor forfeiture issue,
but that has been resolved by agreement; we do not address
raised no objections in the district court to any aspect of
the supervised release term and conditions. Represented by
new counsel on appeal, however, Lewis argues that the
court's findings and explanations were not sufficient and
that we must vacate the sentence and remand for resentencing,
or at least for further consideration of supervised release.
See generally, e.g., United States v. Kappes, 782
F.3d 828 (7th Cir. 2015); United States v. Thompson,
777 F.3d 368 (7th Cir. 2015); United States v.
Siegel, 753 F.3d 705 (7th Cir. 2014).
affirm the judgment of the district court. Sound application
of principles of waiver and forfeiture convinces us there is
no need to send this case back to the district court. The
defense had ample advance notice of the terms of proposed
release that were contemplated and ultimately imposed. Before
sentence was actually imposed, the court expressly invited
objections and requests for further findings or elaboration.
The defense expressly declined the invitation. That was
waiver. Even if it were deemed only forfeiture, there was no
plain error requiring remand.
the issues on appeal are narrow, a brief summary of
Lewis's crimes will suffice. In 2012 police in
Indianapolis arrested another man who had first obtained
sexually explicit photographs of a real girl and then
pretended on-line to be a fourteen-year-old prostitute named
Becky. " Becky" had on-line chats with Lewis and
sent him the sexually explicit images of the real girl.
During the chats, Lewis told " Becky" he wanted to
record a video of her engaging in what federal law calls
sexually explicit conduct.
police arrested the other man, they took over Becky's
identity and continued communicating with Lewis. He offered
repeatedly to travel to Indiana to meet Becky, telling her
that he wanted to have sex with her in a hotel and then take
her to live with him in Ohio. He said he would bring cameras
with him to take videos and photographs of their sex.
September 2012, Lewis drove to Indiana to meet "
Becky." Police arrested him as he drove past the
apartment where he believed she lived. A search of his car
turned up a list of motels in the area, a digital camera, a
tripod, and digital storage media containing more than 100
sexually explicit images of " Becky" and
instructions for photographing sex scenes.
was charged with attempted sexual exploitation of a minor (18
U.S.C. § 2251(a)); traveling interstate for the purpose
of having sex with a minor (§ 2243(b)); transporting
child pornography (§ 2252(a)(1)); possessing child
pornography (§ 2252(a)(4)(B)); and committing a felony
sex offense involving a minor while a registered sex offender
(§ 2260A). He had prior state court convictions for
attempted sexual conduct with a minor and possession of child
pornography. He was a registered sex offender. At the ...