United States v. Sunday, No. 11-8010 (10th Cir. 2012)
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Defendant-Appellant Eugene Sunday appealed the computer and mental health conditions of the supervised release portion of his sentence for bank fraud and uttering counterfeit securities. Among his arguments on appeal to the Tenth Circuit, Defendant contended that the computer possession and use conditions were unjustified by the record and constituted an occupational restriction imposed without findings required by the Sentencing Manual. He also argued that the mental health evaluation and treatment conditions were unsupported by the record and were unconstitutional. Upon review, the Tenth Circuit found that because Defendant was a computer repairman "which obviously requires direct contact with various computers," the computer was not the only tool he used to commit his crime. The computer restriction as written, affected Defendant's substantial rights. Because the Court reversed and remanded the case for reconsideration of the occupational restriction on Defendant's sentence, the Court did not address Defendant's challenge to the mental health evaluation.
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