United States v. Johnson, No. 14-1048 (8th Cir. 2014)
Annotate this CaseJohnson pleaded guilty to possession and attempted possession of child pornography, 18 U.S.C. 2252A(a)(5)(B) and (b)(2) and was sentenced to 97 months’ imprisonment followed by 15 years of supervised release. The court revoked Johnson’s supervised release after he committed 21 violations of his release conditions, including failure to comply with sex-offender treatment, unauthorized possession of a computer, possession of pornography, and use of illegal drugs. The court sentenced him to a second, 11-month term of imprisonment followed by 10 years of supervised release. The district court revoked Johnson’s second term of supervised release after he committed another 14 violations, including associating with someone involved in criminal activity, failing to answer his parole officer truthfully, possessing drug paraphernalia, possessing pornography, and using photographic equipment to produce pornography. The court sentenced Johnson to 11 months’ imprisonment followed by a third, eight-year term of supervised release and required that Johnson be subject to electronic monitoring via a global-positioning satellite system (GPS) monitoring and pay the costs of monitoring. The Eighth Circuit rejected a challenge to the monitoring condition.
Court Description: Criminal case - Sentencing. The district court did not err in imposing GPS-monitoring as part of defendant's supervised release as this condition was justified by defendant's criminal history and concerns over community safety; the court did not err in delegating responsibility for determining whether defendant could afford the monitoring to the probation office as the court maintained ultimate authority.
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