United States v. Olson, No. 11-1609 (8th Cir. 2012)Annotate this Case
Defendant pled guilty to possession of materials involving the sexual exploitation of minors, materials discovered during a state investigation into his sexual abuse of his stepdaughter. On appeal, defendant argued that the district court violated Tapia v. United States in imposing the consecutive sentence and erred in imposing a special condition prohibiting him from possessing material which depicted or described sexually explicitly conduct. The court remanded for resentencing where it was not clear on the record whether or not the district court impermissibly based its prison sentence on defendant's rehabilitative needs under Tapia. The court also held that defendant's own statements amply supported the imposition of the special condition.