United States v. Clemens, No. 20-1180 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed defendant's restitution award and special condition of supervised release after he pleaded guilty to receipt of child pornography. The court concluded that the district court did not err in imposing the mandatory minimum restitution award of $3,000 under amended 18 U.S.C. 2259(b)(2)(B). The court also concluded that the district court did not err in imposing a special condition of supervised release which prohibited defendant from viewing, possessing, producing or using sexually oriented, sexually stimulating, or pornographic materials because the condition was not void for vagueness or unconstitutionally overbroad.
Court Description: [Loken, Author, with Smith, Chief Judge, and Melloy, Circuit Judges] Criminal case - Sentencing. The award of restitution in this child pornography case complied with the provisions of 18 U.S.C. Sec. 2259 as amended, and the district court did not err in imposing the mandatory minimum restitution award; the district court did not err in imposing a special condition of supervised release which prohibited defendant from viewing, possessing, producing or using sexually oriented, sexually stimulating, or pornographic materials as the condition was not void for vagueness or unconstitutionally overbroad.
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