United States v. Gatton, No. 17-2276 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed the district court's imposition of supervised release conditions. The court held that, even though defendant completed his revocation sentence, the cost of his GPS monitoring was a concrete and continuing injury and the appeal was not moot. The court also held that the district court did not plainly err in imposing supervised released conditions where the restrictions placed upon defendant's possession of sexually explicit material and his unauthorized use of computers were not unreasonable, because they were related to, and in fact a direct consequence of, the circumstances surrounding his underlying conviction for possession and distribution of child pornography, and involved no greater deprivation than necessary. Furthermore, the government presented sufficient evidence that defendant violated those terms by possessing what the district court found to be a sexually explicit book called manga, and by accessing a computer without his probation officer's consent.