United States v. Abbate, No. 19-10797 (5th Cir. 2020)
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Defendant challenged two special conditions of his supervised release following the revocation of his first term of supervised release: first, a condition prohibiting possession of pornographic matter; and second, a condition prohibiting use of gaming consoles.
The Fifth Circuit affirmed the pornography condition, holding that the condition is neither vague nor overbroad. In this case, defendant's interest in child pornography is intertwined with adult pornography. The court modified the gaming console condition, narrowing the condition to forbid defendant from using or possessing any gaming console or device that allows for internet access without prior permission from the probation officer.
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