United States v. Richards, No. 19-8044 (10th Cir. 2020)Annotate this Case
In 2018, the Wyoming Division of Criminal Investigation (DCI) obtained a search warrant to review the contents of Defendant–Appellant Joshua Richards' Tumblr account. During the search and subsequent investigation, DCI agents discovered Defendant had re-blogged videos and images of child pornography to his private Tumblr so he could later access and view the materials. Defendant ultimately pleaded guilty to one count of accessing with intent to view child pornography. He was sentenced to twenty-four months’ imprisonment followed by five years of supervised release. The district court imposed several special conditions of supervised release, which, as relevant here, related to drugs and alcohol and required Defendant to submit to polygraph testing. On appeal, Defendant argued the district court erred in imposing these special conditions. He also challenged the length of his prison sentence as substantively unreasonable. The Tenth Circuit determined the alcohol and drug conditions did not directly conflict with the relevant policy statement in the sentencing guidelines, so the district court's decision to impose the conditions was not manifestly unreasonable. And given the circumstances of the case, the Court determined the trial court did not abuse its discretion in imposing Defendant's twenty-four month sentence.