United States Ninth Circuit

Defendant's sentence for receiving child pornography is affirmed in part where: 1) the sentencing judge did not plainly err in carefully calculating defendant's imprisonment term at the lowest end of the Guidelines range; 2) the district judge considered the 18 U.S.C. section 3553(a) factors and the totality of circumstances supporting defendant's sentence; and 3) the large number of images stored on defendant's computer and storage equipment made it reasonable to anticipate that, even if he has not engaged in covert photography yet, he might do so in the future. However, the sentence is vacated in part where: 1) the district court needed to consider whether a special condition of defendant's supervised release, regarding defendant-s proximity to places frequented by children during his 5-year term of supervised release, was overbroad in view of his conviction for receiving a considerable amount of child pornography yet desiring to attend school events involving his children and whether it could be revised to accommodate defendant, while complying with the goals of supervised release; and 2) banning defendant's Internet usage contravened United States v. Riley, 576 F.3d 1046, 1050 (9th Cir. 2009).

Appellate Information

• Decided 05/27/2010
• Published 05/27/2010

Judges

• Before: ALFRED T. GOODWIN, MICHAEL DALY HAWKINS and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• David F. Ness, Federal Defenders of Montana, Great Falls, MT, for the defendant-appellant., Cyndee L. Peterson, Assistant U.S. Attorney, Missoula, MT, for the plaintiff-appellee.