United States v. Juan Lara

BARBARA MILANO KEENAN, Circuit Judge:

In this appeal, we decide whether the district court erred in considering at a defendant’s sentencing hearing certain admissions he made while participating in a Sex Offender Treatment Program (the treatment program), which he was ordered to complete as a condition of probation in a prior case. The defendant, Juan Lara, contends that the statements he made in an interview conducted as part of the treatment program are protected by the psychotherapist-patient privilege and the Fifth Amendment privilege against self-incrimination. The government disagrees,…