United States v. Scott, No. 15-30516 (5th Cir. 2016)
Annotate this CaseDefendant appealed his 108-month sentence and conditions of his supervised release after pleading guilty to one count of possessing child pornography. The court remanded for the district court to determine whether the Government has met its burden of proving by a preponderance of the evidence that defendant knowingly used LimeWire in the kind of exchange contemplated by USSG 2G2.2(b)(3)(B). The court vacated the district court’s impositions of lifetime bans on accessing any computer with internet capability and having any unsupervised contact with minors. Shortly after defendant's sentencing, this court found erroneous the same lifetime conditions imposed on a defendant who pleaded guilty to receiving child pornography. If the district court decides to impose similar conditions on remand, it may modify them by, among other things, reducing their duration or conditioning computer usage or contact with minors on court or probation-officer approval.
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