United States Third Circuit

Conviction and sentence for receiving child pornography is affirmed where: 1) the district court did not abuse its discretion in sentencing defendant as its analysis under 18 U.S.C. sec. 3553(a) was informed and adequate, and the sentence was reasonable; 2) the court did not err in imposing a special condition of supervised release of barring defendant from sexually explicit materials as there is a significant nexus between restricting defendant from access to adult sexually explicit material and the goals of supervised release, and the restriction is not overbroad or vague; and 3) the court did not err in imposing the special condition of supervised release of restricting defendant's access to computers and internet use as the restriction shares a nexus to the goals of deterrence and protection of the public, and does not involve a greater deprivation of liberty than is necessary.

Appellate Information

• Argued 05/20/2009
• Decided 08/03/2009
• Published 08/03/2009

Judges

• Before RENDELL and GARTH, Circuit Judges, and VANASKIE, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Larrick B. Stapleton, Esquire (Argued), Ardmore, PA, for Appellant.


• For Appellees:
  
• Edmond Falgowski, Esquire (Argued), Assistant United States Attorney, Office of the United States Attorney, Wilmington, DE, for Appellee.