United States First Circuit

Imposition of two conditions of supervised release on a defendant convicted of unlawful sexual contact with a minor are vacated and remanded where: 1) under the circumstances of this case, the district court's imposition of a total ban on home internet use during the fifteen-year supervised release period was an abuse of discretion; and 2) the district court committed plain error by failing to offer any explanation for a total ban on pornography, in the absence of a record containing any evidence regarding appellant's use of pornography, its involvement in the offense at issue, or its relationship to the likelihood of recidivism.

Appellate Information

• Decided 01/21/2009
• Published 01/21/2009

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• José L. Barreto-Rampolla, with whom Rivera, Barreto & Torres Marcano was on brief, for appellant.


• For Appellees:
  
• Mariana E. Bauzá-Almonte, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, Chief Appellate Division, were on brief, for appellee.