United States v. Kelly, No. 11-1421 (8th Cir. 2012)
Annotate this CaseAfter a jury convicted defendant of being a felon in possession of a firearm, the district court sentenced defendant to 115 months' imprisonment and 36 months' supervised release, imposing several special conditions. On appeal, defendant subsequently challenged an amended special condition that prohibited him from possessing or having under his control any material that contained child pornography, or photographic depictions of child nudity or children engaged in any sexual activity. The court held that, in light of the district court's individualized findings, the special condition was not overbroad and affirmed the judgment of the district court.
Court Description: Criminal Case - special condition of supervised release. Condition prohibiting control of material containing child pornography or photographic depictions of child nudity or of children engaged in any sexual activity is upheld. Condition is not overbroad, as it is limited to child nudity and district court made individual findings concerning defendant's recent history. Judge Beam, concurs specially. Judge Bye dissents.
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