Professional Documents
Culture Documents
No. 14-4838
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
W. Earl Britt, Senior
District Judge. (5:14-cr-00007-BR-1)
Submitted:
Decided:
PER CUIRAM:
Ike David Simmons was sentenced to 600 months imprisonment
after
pleading
violation
of
guilty
18
to
U.S.C.
manufacturing
2251(a),
(d)
child
pornography,
(2012).
On
in
appeal,
of
the
PSR
information
concerning
Simmons objected to
The Government
Id. at 270.
Ripeness
upon
contingent
future
A claim is unripe if it
events
that
may
not
occur
as
Scoggins, 718
F.3d at 270 (quoting Texas v. United States, 523 U.S. 296, 300
(1998)).
In United States v. Streich, 560 F.3d 926, 931 (9th Cir.
2009), the defendant also raised an objection to the inclusion
of
psychosexual
treatment
information
could
be
proceeding.
The
Ninth
in
used
the
in
Circuit
PSR
a
on
the
future
noted
basis
civil
that
that
the
commitment
Streich
did
not
as
Id.
the
classic
example
of
contingent
future
event that may not happen at all and dismissed the appeal as
unripe.
Id. at 932.
inclusion
the
of
Paragraph
29
regards
potential
use
of
the
concedes,
any
approximately 40 years.
such
hearing
would
not
occur
As
for
cf. United States v. Legrano, 659 F.2d 17, 18 (4th Cir. 1981)
(rejecting
refusing
defendants
to
strike
argument
information
that
district
from
the
court
PSR
erred
that
in
might
contents).
contingent
future
Thus,
event
Simmons
that
claim
falls
is
the
type
of
within
the
ripeness
doctrine.
Accordingly, we dismiss the appeal.
DISMISSED