* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-51385

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

KELLY ALLEN JONES, SR

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:07-CR-1616-ALL

Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges. 

PER CURIAM:*

Kelly Allen Jones, Sr., pleaded guilty to attempting to coerce and entice a

minor to engage in sexual activity and was sentenced to 10 years of

imprisonment and 10 years of supervised release. Jones argues that the 10-year

supervised release term is unreasonable. He argues that this “extraordinarily

long”term exceeds that required to effectuate Congress’s sentencing goals stated

in 18 U.S.C. § 3553(a). He contends that his steady employment history, his

personal characteristics, his limited criminal history, and the circumstances

United States Court of Appeals

Fifth Circuit

F I L E D

August 19, 2008

Charles R. Fulbruge III

Clerk
No. 07-51385

2

surrounding his offense all show that a 10-year term of supervised release is

greater than necessary to meet the sentencing goals, making his term of

supervised release unreasonable. He notes that he had no prior history of

engaging in such behavior and that no pornographic materials were found

among his possessions or on his computer. He contends that this offense is an

anomaly and not one he is likely to engage in again.

Because Jones did not object to his term of supervised release in the

district court, we review for plain error. See United States v. Peltier, 505 F.3d

389, 391-92 (5th Cir. 2007) (plain error review applied to unraised issues

concerning the reasonableness of a sentence), cert. denied, 128 S. Ct. 2959

(2008); see also United States v. Allison, 447 F.3d 402, 405 (5th Cir. 2006) (plain

error applied because defendant first objected to term of supervised release on

appeal). Plain error review “requires considerable deference to the district court

and erects a more substantial hurdle to reversal of a sentence than does the

reasonableness standard.” Peltier, 505 F.3d at 391.

Statutorily, the authorized term of supervised release was a minimum of

five years and a maximum of life. See 18 U.S.C. § 3583(k). The Sentencing

Guidelines provide for a term of supervised release of five years to life for this

sex offense. U.S.S.G. § 5D1.2(b)(2) and (c). The policy statement contained in

§ 5D1.2(b) recommends the statutory maximum term of supervised release for

a sex offense, which in this case is life. § 5D1.2, p.s.; Allison, 447 F.3d at 405.

In Allison, we held that a term of supervised release for life was

reasonable for a defendant convicted of production and possession of child

pornography offenses. 447 F.3d at 405-07. We noted that Congress and the

Sentencing Commission “intended to impose life terms of supervised release on

sex offenders” due to the “high rate of recidivism in convicted sex offenders,

especially child sex offenders.” Id. at 405-06. In United States v. Armendariz,

451 F.3d 352, 358-62 (5th Cir. 2006), we vacated the district court’s sentence

which did not include a term of supervised release for a defendant convicted of
No. 07-51385

3

an offense under 18 U.S.C. § 2422(b), the same offense for which Jones was

convicted. We held that the district court’s failure to impose a term of

supervised release was unreasonable because it failed to account for the

Guidelines or to account for the statutory factors of the need to deter criminal

conduct, to protect the public, and to provide correctional treatment to the

offender. Id. at 359-61.

Jones’s arguments concerning his employment history, his personal

characteristics, and his limited criminal history do not address the reasons why

Congress and the Sentencing Commission have recommended supervised release

for life for child sex offenders, namely recidivism and the need for treatment of

sexual disorders. See Armendariz, 451 F.3d at 361; Allison, 447 F.3d at 405-07.

It was not plain error for the district courtto impose a term of supervised release

of 10 years. See Allison, 447 F.3d at 405-07 (term of supervised release for life

reasonable); see also United States v. Presto, 498 F.3d 415, 420-21 (6th Cir. 2007)

(term of supervised release for life reasonable for defendant convicted of

receiving child pornography), cert. denied, 128 S. Ct. 2958 (2008).

AFFIRMED.