United States v. Haymond, No. 16-5156 (10th Cir. 2017)Annotate this Case
The district court revoked Andre Haymond’s supervised release based in part on a finding that Haymond knowingly possessed thirteen images of child pornography. The district court imposed the mandatory minimum sentence. Haymond appealed, arguing the evidence was insufficient to support a finding by a preponderance of the evidence that he possessed child pornography, and that 18 U.S.C. 3583(k) was unconstitutional because it violated his right to due process. The Tenth Circuit concluded the evidence was sufficient to support the district court’s finding that Haymond violated the conditions of his supervised release, but agreed that 18 U.S.C. 3583(k) was unconstitutional because it stripped the sentencing judge of discretion to impose punishment within the statutorily prescribed range, and it imposed heightened punishment on sex offenders based, not on their original crimes of conviction, but on new conduct for which they have not been convicted by a jury beyond a reasonable doubt.