United States v. Lonjose, No. 11-2042 (10th Cir. 2011)
Annotate this CaseDefendant-Appellant Randell David Lonjose pleaded guilty to one count of engaging in a sexual act with a minor in Indian Country, and was sentenced to 51 months in prison followed by three years of supervised release. As part of his plea agreement, Defendant waived his right to appeal his sentence. The United States Probation Office (USPO) later filed an ex parte petition seeking to modify Defendant’s conditions of supervised release to include two additional special conditions. On appeal, Defendant contended that the district court erred in granting the USPO’s motion as to one of the conditions. Defendant argued that the condition prohibiting him from having contact with any child under the age of 18 without prior written permission of his probation officer was overly broad because it intruded on his right to freely associate with his family and lacked a compelling justification. Upon review, the Tenth Circuit held that the appellate waiver in Defendant's plea agreement did not preclude the filing of this appeal, and reversed the district court's imposition of conditions on Defendant's supervised release. The case was remanded for further proceedings on the scope of the condition so that it "reasonably relate[d back] to Defendant's offense."
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