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Sentencing — supervised release conditions

By: WISCONSIN LAW JOURNAL STAFF//May 8, 2013//

Sentencing — supervised release conditions

By: WISCONSIN LAW JOURNAL STAFF//May 8, 2013//

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — supervised release conditions

Where the sentencing judge ordered that a defendant convicted of a SORNA violation have no contact with minors or possess any sexually-related materials, the conditions are invalid.

“The inclusion of material that ‘alludes to’ sexual activity within Condition 6’s purview is particularly problematic. This dictate goes beyond a ban on the possession of pornography. If read literally, the inclusion of this term could block Goodwin from possessing much of the Western literary canon—or arguably even from possessing a slip copy of this opinion. Such a deprivation of liberty certainly would be greater than is reasonably necessarily to achieve the goals of supervised release. This vague term therefore provides an additional reason for vacation of Condition 6. See Monteiro, 270 F.3d at 473 (vacating a ‘vague and Overbroad’ special condition to enable the district court ‘to craft more precisely’ the condition).”

Affirmed in part, and Vacated in part.

12-2921 U.S. v. Goodwin

Appeal from the United States District Court for the Central District of Illinois, Mills, J., Tinder, J.

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