USA v. Decicco, III
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. CARL N. DECICCO, III, Defendant. ) ) ) ) ) Case No. 3:19-cr-0049 ) ) ) ) ) ORDER BEFORE THE COURT is the motion of the United States to correct the judgment of Carl N. Decicco, III (“Decicco”) due to clear error. On December 9, 2019, the Court accepted Decicco’s plea of guilty to the charge of failure to register as a sex offender, in violation of 18 U.S.C. § 2250. On September 24, 2020, the Court held a sentencing hearing by video teleconference wherein the Court orally sentenced Decicco to ten (10) months imprisonment with two weeks of the 10 months to be served in home detention, followed by one year of supervised release. Later that day, the United States filed a Rule 35(a) motion to correct judgment for clear error because the relevant sentencing statute, 18 U.S.C. § 3583(k), requires a minimum term of five years of supervised release for convictions under 18 U.S.C. § 2250. The Government is correct. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. CARL N. DECICCO, III, Defendant. ) ) ) ) ) Case No. 3:19-cr-0049 ) ) ) ) ) ORDER BEFORE THE COURT is the motion of the United States to correct the judgment of Carl N. Decicco, III (“Decicco”) due to clear error. On December 9, 2019, the Court accepted Decicco’s plea of guilty to the charge of failure to register as a sex offender, in violation of 18 U.S.C. § 2250. On September 24, 2020, the Court held a sentencing hearing by video teleconference wherein the Court orally sentenced Decicco to ten (10) months imprisonment with two weeks of the 10 months to be served in home detention, followed by one year of supervised release. Later that day, the United States filed a Rule 35(a) motion to correct judgment for clear error because the relevant sentencing statute, 18 U.S.C. § 3583(k), requires a minimum term of five years of supervised release for convictions under 18 U.S.C. § 2250. The Government is correct. The Court, accordingly, will correct the sentence to include a term of five years supervised release. The premises considered, it is hereby ORDERED that the United States’ motion to correct judgment (ECF No. 66) is GRANTED; it is further ORDERED that the term of supervised release in the judgment of Carl N. Decicco, III be five years. Date: September 25, 2020 /s/ Robert A. Molloy ROBERT A. MOLLOY District Judge Case: 3:19-cr-00049-RAM-RM Document #: 69 Filed: 09/25/20 Page 1 of 1