US v. Hamilton: Hamilton pleaded guilty to possession of child pornography and was sentenced to 120 months in prison, followed by a lifetime term of supervised release. Hamilton had corresponded with an actual minor for nine months (during which explicit photos were shared) and then convinced her to come meet him, where he repeatedly raped her. As part of his sentence, the district court imposed several special conditions of supervised release to which Hamilton objected: (1) that he could not work at any job without prior approval of his probation officer; (2) that he could not access the internet except when approved in advance by the probation officer; and (3) that he must not go or remain at any place where he knows children are likely to be.
On appeal, the Fourth Circuit vacated the first special condition, while approving the other two. As to the employment condition, the court concluded that it was overbroad and lacked a sufficient nexus to the offense he committed. Greater specificity is required for occupation restrictions (which, the court implies, can be imposed on remand). The court also noted that the condition was problematic because it provided the probation officer with unlimited, and unguided, discretion in enforcing it. The other two conditions, by contrast, were sufficiently related to Hamilton's offense and were not overbroad. As to the internet condition, the court noted that Hamilton used the internet to commit his offense and had a history of violating court orders that suggested a need for strict rules. As to the location condition, the court noted "Hamilton's inability to stay away from places that he ought not be" and thus the condition is necessary to protect the public.
Congrats to the Defender office in NDWV on the (partial) win!
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