United States v. Martinez-Torres, No. 14-2084 (10th Cir. 2015)
Annotate this CaseDefendant Belisario Domingo Martinez-Torres raised challenges to three conditions of his supervised release. In July 2008, Defendant, who was 23 years old at the time, pleaded guilty to possession with intent to distribute 50 kilograms or more of marijuana. Although two conditions were not objected to in district court, the government conceded that they had to be set aside on plain-error review. The Tenth Circuit concluded remand was also necessary on the third challenged condition of release. "The error may not be an obvious one, but it might well have been avoided by additional advocacy and exploration of the issue at the sentencing hearing." The third condition restricted Defendant's access to sexually explicit materials: "the district court may have relied on scientific literature or personal experience, but none was cited for the record. record. Further, there is nothing in the record suggesting that Defendant ever viewed pornography of any kind or that sexually explicit materials contributed to his prior offense in any way." The Court therefore concluded on the trial court record that the district court abused its discretion in imposing the special condition prohibiting Defendant from viewing or possessing sexually explicit materials. The three challenged conditions were vacated and the case remanded for further proceedings.
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