United States v. Springston, No. 10-2820 (8th Cir. 2011)
Annotate this CaseDefendant entered a conditional plea of guilty to one count of failing to register as a sex offender and was sentenced to 36 months imprisonment and 10 years supervised release. Defendant appealed the district court's denial of his motion to dismiss the indictment and three special conditions of supervised release imposed by the district court. The court affirmed the district court's denial of defendant's motion to dismiss the indictment in light of United States v. Zuniga. The court vacated special condition 3 where the record was "devoid of evidence that [defendant] ha[d] ever used a computer for any purpose." The court also vacated special conditions 2 and 6 where the district court abused its discretion by imposing these two conditions without adequate explanation.
Court Description: Criminal Case - conviction and sentence. Denial of motion to dismiss the indictment for failing to register as a sex offender is affirmed, as constitutional challenges are foreclosed by this court's precedent. District court abused its discretion in imposing three special conditions of supervised release, one relating to use of a computer, and two for providing inadequate explanation.
The court issued a subsequent related opinion or order on July 12, 2012.
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