Sentencing — supervised release

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — supervised release

A lifetime ban on the possession of any sexually explicit material, as a condition of extended supervision, must be vacated.

“[T]he district court did not at all explain the tie between the possession of any material containing sexually explicit conduct, even legal material depicting adults, and Shannon’s conduct. And it gave no reason or explanation for the ban on even legal adult pornography. Cf. United States v. Perazza-Mercado, 553 F.3d 65, 78 (1st Cir. 2009) (finding fifteen-year ban on ‘pornography of any Kind’ plainly erroneous where there was no explanation or apparent basis in the record for a connection between lawful sexually explicit materials and the defendant’s conviction for engaging in sexual conduct with a nine-year old girl). In light of the lack of findings, we vacate Special Condition No. 10 and remand this case to the district court for further consideration.”

Vacated and Remanded.

11-3794 U.S. v. Shannon

Appeal from the United States District Court for the Western District of Wisconsin, Crabb, J., Williams, J.