SR Restrictions Restricting Internet Use, Access to Legal Pornography, Not Appropriate

US v. Ellis: In 2013, Ellis was convicted of failing to register as a sex offender. Over the ensuing years, he had multiple revocations of his term of supervised release for violating various conditions. Among the conditions violated were failing to participate in sex offender treatment and lying about "daily pornography use and using devices to access the internet that are not approved." His latest revocation, the subject of this appeal, included failing to participate in sex offender and other mental health treatment. At that revocation, the Government argued that the district court should impose conditions of supervised release prohibiting Ellis from accessing pornography, both legal and illegal, or entering "any location where such materials can be accessed, obtained, or viewed" as well as a complete ban on Internet access. 

On appeal, the Fourth Circuit vacated those two conditions of supervised release. As to the pornography condition, the court held that under recent precedent the district court had not sufficiently explained why a prohibition on Ellis accessing legal sexual material was required. The court noted that there was no evidence presented linking Ellis' access to (legal) pornography to his violation conduct or chance of rehabilitation. Unsupported assertions from the Government was not enough. In addition, the condition was overbroad, as it would have prevented Ellis from going to many places (like libraries) where he might not access anything sexual, but they were nevertheless on the premises. The court also noted that the law does not allow the district court to impose a condition of supervised release as a "stick" to encourage a supervisee's good behavior. As to the internet condition, many of the same concerns applied, including that in the modern era a complete ban was impractical, particularly in case where the internet was not involved in Ellis' offense. The court ordered a remand "for the entry of a modified judgment striking those conditions of supervised release."

 

Judge Quattlebaum concurred in the result, and agreed that the conditions were a greater restriction on liberty than necessary, but took issue with the court's conclusion that they were not reasonably related to Ellis' history and treatment.

Congrats to the Defender office in Western North Carolina on the win!