United States Second Circuit

Sentence of 78 months' imprisonment and a lifetime term of supervised release for possessing child pornography is affirmed over claims of error that: 1) the special condition prohibiting defendant from frequenting locations where "children are likely to congregate" is both overly broad and unconstitutionally vague; and 2) the special condition that authorizes Probation to discuss third-party risks with employers is overbroad because it "assumes that [defendant's] employment will, in some form, be related to his offense of possessing images containing child pornography," even though not all types of employment require access to or use of computers.

Appellate Information

• Decided 09/23/2008
• Published 09/24/2008

Judges

Court

• United States Second Circuit

Counsel