United States v. Reynaldo Sanchez, No. 21-2415 (8th Cir. 2022)
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Defendant pleaded guilty to transportation of child pornography in violation of 18 U.S.C. Sections 2252A(a)(1) and (b)(1). At sentencing, the district court determined an advisory guidelines sentencing range of 108 to 135 months in prison, considered the 18 U.S.C. Section 3553(a) sentencing factors, and imposed a sentence of 96 months imprisonment and 20 years of supervised release. The court imposed seven special conditions of supervised release.
Defendant appealed his sentence, presenting as the issue for review whether the district court abused its discretion in requiring Defendant to submit to periodic polygraph testing at the discretion of the U.S. Probation Office.
The Eighth Circuit affirmed. The court explained that here, the district court did not procedurally err. It conducted a thorough individualized analysis of the sentence it was imposing. The seven special conditions of supervised release require that Defendant (5) “participate in a sex offense-specific treatment program,” and (6) “submit to periodic polygraph testing . . . to ensure that he is in compliance with the requirements of his supervision or treatment program.” In response to Defendant’s timely objection, the court carefully explained why the sentence would include this polygraph testing special condition. Moreover, the court held that Defendant has not met his burden to establish that a special condition is unreasonable.
Court Description: [Loken, Author, with Arnold and Kobes, Circuit Judges] Criminal case - Sentencing. The district court did not procedurally err when it imposed a special condition of supervised release which requires defendant to submit to periodic polygraph testing at the discretion of the Probation Office; the court conducted the required individualized analysis before imposing the sentence and, on this record, it was not an abuse of discretion to impose the condition.
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