United States Third Circuit

District court's conviction of defendant for transporting child pornography and sentence to 180 months' imprisonment followed by a lifetime term of supervised release is affirmed in part and reversed in part where: 1) district court's imposition of an unconditional lifetime ban on Internet access is vacated as the ban involved a greater deprivation of liberty than is reasonably necessary; 2) district court did not commit plain error in imposing defendant's mental health condition of supervised release; and 3) defendant's "no minors" condition is vacated as it is an impermissible delegation of authority to the Probation Office and thus constitutes plain error.

Appellate Information

• Decided 01/11/2010
• Published 01/11/2010

Judges

• Before RENDELL, AMBRO and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Sarah S. Gannett, Assistant Federal Defender, Christy Unger, Esquire (Argued), David L. McColgin, Assistant Federal Defender, Leigh M. Skipper, Chief Federal Defender, Defender Association of Philadelphia, Philadelphia, PA, for Appellant.


• For Appellees:
  
• Michael L. Levy, United States Attorney, Robert A. Zauzmer (Argued), Assistant United States Attorney, Sherri A. Stephan, Assistant United States Attorney, Office of the United State Attorney, Philadelphia, PA, for Appellee.