United States v. Spallek, No. 18-3113 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed the district court's imposition of a special condition of supervised release forbidding defendant, with one exception, to use a computer or the internet without the permission of the probation office. The court held that the district court did not abuse its discretion in fashioning the conditions of supervised release in light of defendant's convictions involving possession of child pornography and transporting lewd and lascivious materials for his own use. Furthermore, defendant demonstrated his incorrigibility by previously using a job center computer to seek child pornography, thus heightening the need for adequate deterrence and protection of the public.
Court Description: Colloton, Author, with Gruender and Erickson, Circuit Judges] Criminal case - Sentencing. The district court did not abuse its discretion by imposing a special condition of supervised release forbidding defendant, with one exception, from using a computer or the internet without permission of his probation officer, as the condition was warranted by his offense conduct and history on supervision.
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