Sentencing – Supervised release – conditions

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U.S. Court of Appeals
For the Seventh Circuit

Criminal

Sentencing – Supervised release – conditions

A condition that a defendant’s computer use be monitored by the probation department must be vacated.

“[W]hatever the reason for Baker’s move from Illinois to Michigan, the move would not necessarily have led to a conviction for failing to register. It wasn’t simply the move that caused Baker to be in violation of the law. Rather, it was Baker’s conscious, intentional decision to flout his legal obligation to report for registration and update his address. If Baker had found employment through a website such as Linkedin or CareerBuilder, moved to Michigan or any other state, and failed to register there, Baker could have been convicted of the exact same offense at issue here. In that situation, it would be illogical to link Baker’s use of the computer to find a job with a subsequent conviction for failing to register. The same is true here. Nothing about Baker’s use of his computer or the internet was illegal. And the government has not tied Baker’s quest on the internet to find a dating partner to Baker’s prior affinity towards inappropriate sexual conduct or to any attempt to evade his registration obligations. The government even concedes in its brief that Baker accessed the website for a lawful purpose.”

Affirmed in part, and Vacated and Remanded in part.

13-1641 U.S. v. Baker

Appeal from the United States District Court for the Central District of Illinois, Mihm, J., Durkin, J.

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