People v. Antoine

OPINION OF THE COURT

Vincent M. Del Giudice, J.

The defendant was convicted, in federal district court, of distribution of child pornography (18 USC §§ 2252A [a] [3] [B]; 2252 [b] [1]) and was sentenced to 60 months’ imprisonment and 15 years’ postrelease supervision.

On February 1, 2012, the Board of Examiners of Sex Offenders (also referred to as the Board) prepared a case summary and a risk assessment instrument (also referred to as RAJ) which assessed the defendant a total of 30 points, a presumptive level one offender, but recommended an upward departure to risk level three, based primarily…