United States v. Smith, No. 19-2513 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit affirmed the district court's decision to modify defendant's two conditions of supervised release imposed after he was convicted in 2003 of producing, transporting, and reproducing child pornography. The court held that, although the district court erred by denying defendant a hearing before modifying Conditions 6 and 7, the error was harmless. In this case, Condition 6 concerned defendant's contact with minors and Condition 7 concerned possession and access to pornography.
Court Description: [Benton, Author, Smith, Chief Judge, and Kobes, Circuit Judges] Criminal case - Sentencing. The district court erred by modifying a condition of defendant's supervised release concerning contact with minors without conducting a hearing as required by Fed. R. Crim. P. 32.1(c), as the condition as imposed was less favorable than he sought and was imposed after the government objected to defendant's proposed modification; however, defendant is not entitled to any relief because the denial of a hearing did not affect his substantial rights; the modification is affirmed; similarly, the district court erred in modifying a condition concerning possession and access to pornography without conducting a hearing and, similarly, the denial of a hearing did not affect defendant's substantial rights; the new condition is not constitutionally vague and does not give the probation officer unfettered discretion.
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