United States v. Richard Bahr, Jr.

OPINION

GOODWIN, Senior Circuit Judge:

Defendant Richard Bahr, Jr. appeals the 240-month concurrent sentences he received after pleading guilty to two counts of possessing child pornography. Because the district court erroneously considered Bahr’s statements made during an earlier period of post-prison supervision, we vacate the sentence and remand.

I. BACKGROUND

In 2003, Bahr was convicted of third degree rape under Oregon state law. Upon his release to supervision, Bahr was required to complete an approved sex offender treatment program. The terms of his supervision required adherence to all…