United States v. Smith, No. 19-3362 (8th Cir. 2020)
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Defendant was convicted in 2003 of producing, transporting, and reproducing child pornography and sentenced to 235 months in prison, followed by 5 years of supervised release. After defendant violated three conditions of supervised release, the district court imposed a new condition requiring polygraph testing.
The Eighth Circuit affirmed the district court's imposition of the new condition, holding that defendant's unwillingness to obey rules restricting his access to child pornography shows that polygraph testing is necessary to protect the public from further crimes. The court also held that defendant waived any challenges to the district court's denial of his motions for relief in Appeal No. 19-3362.
Court Description: [Benton, Author, with Smith Chief Judge, and Kobes, Circuit Judges] Criminal case - Sentencing. The district court did not err in imposing a new condition for polygraph testing after defendant violated the provisions of his supervised release; defendant's unwillingness to obey rules restricting his access to child pornography showed polygraph testing was necessary to protect the public and assist in his treatment; in his second appeal, defendant challenges the district court's denial of motions objecting to decisions by the probation office; as defendant presents no arguments regarding his challenges, the issues are waived. [ June 04, 2020 ]
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