United States v. Stelmacher, No. 17-1421 (8th Cir. 2018)
Annotate this CaseDefendant pleaded guilty to possession of a firearm as an unlawful user of a controlled substance and was sentenced to 31 months in prison and three years of supervised release. On appeal, defendant challenged the district court's imposition of two conditions that limited his freedom to have contact with his minor daughter and the daughter's mother. The court affirmed the district court's judgment, holding that the conditions were reasonably related to the relevant sentencing factors and were reasonably necessary restrictions on defendant's liberty.
Court Description: Colloton, Author, with Wollman and Benton, Circuit Judges] Criminal case - Sentencing. The district court did not err in imposing a special condition of supervision limiting defendant's contact with his minor daughter in light of defendant's criminal history, which included a sex offense against a minor; the condition was reasonably related to preventing future criminal activity and protecting the child; further, the condition was no more restrictive than reasonably necessary and permitted defendant to contact the girl with the approval and supervision of the probation office; nor did the court abuse its discretion by prohibiting defendant from having direct or indirect contact with the girl's mother as she was a felon with a history of drug abuse; defendant had repeatedly violated his supervision by using drugs and this condition was reasonably related to his rehabilitation and necessary to deter future criminal activity.
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