United States v. Englehart, No. 21-8007 (10th Cir. 2022)
Annotate this CaseDefendant-appellant Monty Englehart pled guilty to failure to register as a sex offender under the Sex Offender Registration and Notification Act (“SORNA”) and was sentenced to time served and five years of supervised release. The conditions of his supervised release prohibited him from viewing sexually explicit materials. Englehart violated the conditions of his supervised release on three occasions by viewing legal, adult pornography. After a hearing, the district court amended the sexual material restriction and added additional conditions to Englehart’s supervised release, including: (1) psychosexual evaluation and treatment; and (2) mental health treatment. Englehart appealed, arguing the district court failed to make particularized findings of compelling circumstances to justify the revised Sexual Material Prohibition and failed to give even a generalized statement of reasons to justify the Mental Health Condition. The Tenth Circuit agreed, vacated those conditions, and remanded for further proceedings. However, the Court affirmed affirm the Psychosexual Evaluation and Treatment Condition because the district court provided an adequate generalized statement of reasons and did not improperly delegate sentencing authority to Englehart’s probation officer.
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