United States Ninth Circuit

Judgment imposing a special condition of supervised release prohibiting defendant from possessing depictions of "sexually explicit conduct" involving children or adults and from patronizing any place in which such depictions are available is affirmed, where: 1) the record supports the district court's conclusion that the special condition is generally necessary to achieve the goals of supervised release under 18 U.S.C. section 3583, but it does not support the restriction of defendant's access to non-pornographic depictions of adults, which is speech protected by the First Amendment; and 2) the special condition is therefore construed so as not to apply to non-pornographic depictions of adults.

Appellate Information

• Decided 01/02/2015
• Published 01/02/2015

Judges

• Christen

Court

• United States Ninth Circuit

Counsel