United States v. Koch, No. 19-8034 (10th Cir. 2020)Annotate this Case
Daniel Koch pleaded guilty to receipt of child pornography. The district court sentenced him to a twenty-year term of incarceration, to be followed by a ten-year term of supervised release. Without objection, the district court ordered Koch to comply with a special condition of supervised release (the “Sexual Material Prohibition”). For the first time on appeal, Koch asserts the district court erred in imposing upon him the Sexual Material Prohibition without first making particularized findings justified by compelling circumstances and based on an individual assessment of his case. Koch argued the condition interfered with his fundamental First Amendment right to access legal, sexually oriented materials. Upon review of the relevant Tenth Circuit authorities, the Tenth Circuit Court of Appeals concluded the district court plainly erred in imposing the Sexual Material Prohibition without first making the necessary case-specific findings. Accordingly, the condition was vacated and the matter remanded to the district court for further proceedings.