United States v. Quinzon, No. 10-50240 (9th Cir. 2011)Annotate this Case
Defendant was convicted of possession of child pornography and appealed a judgment that included, as a condition of supervised release, a requirement that monitoring technology be installed on his computer-related devices. The court rejected defendant's argument that his conditions of supervised release should be vacated because he was not afforded adequate notice that the district court was considering imposing them where his procedural rights were not violated. The court also rejected defendant's claims that the computer monitoring condition imposed on him occasioned a greater deprivation of liberty than was reasonably necessary because the term "monitoring" was imprecise and encompassed a broad swath of surveillance methods, some of which would be unnecessary or intrusive. The court noted, however, that in situations like this one, where technological considerations prevent specifying in detail years in advance how a condition was to be effectuated, district courts should be flexible in revisiting conditions imposed to ensure they remain tailored and effective. Accordingly, the court affirmed defendant's sentence.