Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Lara

United States Court of Appeals, Fourth Circuit

March 14, 2017

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
JUAN ELIAS LARA, Defendant-Appellant.

          Argued: January 26, 2017

         Appeal from the United States District Court for the Western District of Virginia, at Abingdon. James P. Jones, District Judge. (1:14-cr-00027-JPJ-PMS-1)

         Affirmed by published opinion. Judge Keenan wrote the opinion, in which Judge Wilkinson and Judge Niemeyer joined.

         ARGUED:

          Daniel Robert Bieger, DAN BIEGER, PLC, Bristol, Tennessee, for Appellant.

          Kevin Lee Jayne, OFFICE OF THE UNITED STATES ATTORNEY, Abingdon, Virginia, for Appellee.

         ON BRIEF:

          John P. Fishwick, Jr., United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

          Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.

          BARBARA MILANO KEENAN, Circuit Judge

         In this appeal, we decide whether the district court erred in considering at a defendant's sentencing hearing certain admissions he made while participating in a Sex Offender Treatment Program (the treatment program), which he was ordered to complete as a condition of probation in a prior case. The defendant, Juan Lara, contends that the statements he made in an interview conducted as part of the treatment program are protected by the psychotherapist-patient privilege and the Fifth Amendment privilege against self-incrimination. The government disagrees, arguing that Lara knowingly and voluntarily waived any privilege by earlier consenting to the disclosure of any such statements to the Virginia Department of Corrections (VDOC).

         Upon our review, we conclude that Lara affirmatively waived any psychotherapist-patient privilege when he agreed as part of his conditions of probation in the prior case to the disclosure of any statements he made in the treatment program. We also conclude that the Fifth Amendment privilege against self-incrimination did not apply to those statements, because Lara voluntarily made the statements while participating in the treatment program. Accordingly, we hold that the district court did not err in considering Lara's statements at sentencing, and we affirm the district court's judgment.

         I.

         In February 2008, Lara was convicted in the Circuit Court of Grayson County, Virginia, for the aggravated sexual battery of a mentally incapacitated victim, in violation of Virginia Code Section 18.2-67.3(A)(2). For that offense, Lara received a sentence of 20 years' imprisonment, with 17 years suspended, and a term of 20 years' supervised probation to be served upon his release from confinement. Lara was released from custody in December 2009, and immediately began his term of supervised probation. The terms of his supervision included a requirement that Lara "[a]ttend and successfully complete a Sex Offender Treatment Program, " permit the Treatment Program provider to have "unrestricted communication with the probation and parole department, " and "submit to any polygraph . . . deemed appropriate by [his] supervising officer." Before he was released from custody, Lara signed the form listing these ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.