United States Eighth Circuit

A sentence for receiving and attempting to receive child pornography and a lifelong term of supervised release with a special condition that defendant not have Internet access at his residence are affirmed where: 1) there was no plain error in the imposition of the special condition as defendant's admission regarding his conduct provided a nexus between use of the internet and his exploitation of minor; and 2) for purposes of a sentence enhancement, a conclusion that defendant engaged in a pattern of activity involving the sexual abuse or exploitation of a child was not clearly erroneous.

Appellate Information

• Decided 03/01/2007
• Published 03/01/2007

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BEAM, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Omar F. Greene, II, Federal Public Defender's Office, Little Rock, AR, John B. Schisler, Federal Public Defender's Office, Fayetteville, AR, for Appellant., Calvin Milo Alvarez, Beaumont, TX, pro se.


• For Appellees:
  
• Kyra Jenner, U.S. Attorney's Office, Fort Smith, AR, for Appellee.