United States v. James Alsante

OPINION

SUTTON, Circuit Judge.

James Alsante pleaded guilty to failing to register as a sex offender under federal law. At his sentencing hearing, the district court permitted the government to introduce evidence that Alsante had committed other sexual-misconduct crimes with a minor, all of which were the subject of pending state court charges. The district court relied on that conduct in imposing a 54-month sentence, an upward variance from his advisory guidelines range. Is "that fair or more to the point constitutional? Did the court violate. Alsante’s due process rights or his rights against…