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Sentencing Guidelines

7th Circuit Court of Appeals

Case Name: United States of America v. Eric D. Wagner

Case No.: 15-3265

Officials: POSNER,* WILLIAMS, and SYKES, Circuit Judges.

Focus: Sentencing Guidelines

Eric D. Wagner was convicted of knowingly attempting to persuade or induce a minor to engage in illegal sexual activity, in violation of 18 U.S.C. § 2422(b). He was sentenced to 132 months’ imprisonment followed by a 12-year term of supervised release based on a guidelines range that incorporated uncharged conduct under U.S.S.G. § 2G1.3(d)(1). Though Wagner did not object to inclusion of uncharged conduct at sentencing, he now contends that its inclusion was an improper application of the grouping enhancement. We disagree. The uncharged conduct meets the guidelines’ definition of relevant conduct and was properly included pursuant to § 2G1.3(d)(1).

Wagner also argues that the district court erred in imposing three special conditions of supervised release. First, he contends that the district court provided insufficient reasoning for imposing the condition requiring his participation in computer monitoring. However, the district court reviewed the relevant factors and found the condition was necessary to insure compliance with other conditions. Next, Wagner maintains that the district court improperly banned his access to adult pornography. While we do not agree that the special condition creates such a ban, we vacate the condition as an improper delegation of the district court’s authority to determine the nature of the defendant’s punishment. Finally, Wagner asserts that the district court improperly banned his internet access to adult pornography. Although we disagree with Wagner’s reasoning, we vacate and remand this condition because it is poorly written and unclear.

Vacated and Remanded

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