United States v. Boles, No. 17-1138 (2d Cir. 2019)Annotate this Case
Defendant appealed his conviction and sentence for possessing child pornography. The court held that the district court did not err in denying defendant's motion to suppress evidence where, even assuming the warrant was not supported by probable cause, the good faith exception applied; the court rejected defendant's claim with respect to the interstate or foreign commerce element of the crime of conviction; and the district court properly recognized that the mandatory minimum of ten years applied to defendant.
However, the court agreed with defendant that his "risk" condition of supervised release was vague and afforded too much discretion to the probation officer. The court affirmed the polygraph special condition and held that the district court did not abuse its discretion in ordering polygraph examinations as part of defendant's sex offender treatment following his most recent conviction. Accordingly, the court affirmed the judgment in all respects except that the court vacated the "risk" condition of supervised release and remanded for clarification.