United States v. Van Donk, No. 19-4588 (4th Cir. 2020)Annotate this Case
The Fourth Circuit affirmed the district court's imposition of a condition of supervised release requiring defendant to comply with the rules of his sex-offender treatment program, which ban him from viewing any materials that sexually arouse him. The court held that the ban is permissible under 18 U.S.C. 3583(d) and is not overbroad because the district court made an individualized assessment, based on the testimony of defendant's treatment provider, that it was necessary. Furthermore, it is enforced in a way that avoids the issues with which the vagueness doctrine is concerned, and it is not an impermissible delegation because only the district court will decide whether defendant violated his conditions of release.