United States v. Manyfield, No. 19-2096 (7th Cir. 2020)
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Manyfield pleaded guilty to possessing child pornography; he was sentenced to 120 months in prison. Within a year of his release from prison, Manyfield was twice found in possession of a cell phone with internet connectivity, in violation of his conditions of release. He had created accounts and accessed pornographic websites. He had hard-copy photos of what “appear[ed] to be minor females in sexually provocative poses.” Manyfield had not attended a sex-offender-treatment program; he followed Twitter accounts advertising images of underage girls. The probation officer recommended 18 months’ imprisonment (above the four-10 months’ Guidelines range) plus lifetime supervised release. Manyfield, then 67, did not dispute the allegations but argued that the recommended sentence was excessive under 18 U.S.C. 3553(a), emphasizing his medical conditions.
The court revoked Manyfield’s supervised release and sentenced him to 24 months' imprisonment, the maximum allowed under 18 U.S.C. 3583(e)(3), explaining that he was a danger to the community and that his criminal history—including abusing his minor stepdaughter—was “relevant.” The court imposed “lifetime supervised release with the same conditions that were imposed before.” The court neither read the conditions aloud nor asked whether Manyfield waived reading. The written judgment contained conditions that had not been proposed in the revocation petition. Several have been questioned since Manyfield’s original sentencing (prohibitions on “excessive” alcohol use and “frequenting” places where controlled substances are sold). The Seventh Circuit remanded for further consideration of the release conditions; the court properly justified the prison sentence and term of supervised release.
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