5th Circuit Court of Appeals vacating various conditions of supervised release imposing bans on internet access, computer use, and other activities and remanding for re-sentencing.
United States v. Herndon (5th Cir. 2020)
Posted: March 25, 2020
United States v. Arbaugh (4th Cir. 2020)
Posted: February 25, 2020
4th Circuirt Court of Appeals opinion affirming in part a federal sentence for engaging in illicit sexual conduct with a minor in a foreign country, but reversing in part on the grounds that the district court failed to articulate reasons supporting computer-related conditions of supervised release.
United States v. Belcher (11th Cir. 2020)
Posted: February 15, 2020
11th Circuit Court of Appeals opinion affirming the district court's imposition of various computer-related restrictions of supervised release on an individual who was not on supervision for a sex offense, but had a past conviction for a sex offense.
State v. Bouchard (Vt. 2020)
Posted: January 30, 2020
Vermont Supreme Court striking down several conditions of supervision for individual who had pled guilty to a sex offense, including prohibitions related to possession of pornography, warrantless search and computer monitoring.
United States v. Kosier (D. N.M. 2019)
Posted: December 17, 2019
District Court for New Mexico opinion finding that, in the context of a federal sentencing for a non-sex offense, the government could not impose sex offender conditions of release on the Defendant where the offense of instant conviction was not a sex offense and his only sex offense was more than ten years old.
Fazili v. Commonwealth (Va. Ct. App. 2019)
Posted: December 9, 2019
Virginia Court of Appeals reversing trial court's imposition of general internet usage restriction as a condition of probation without articulating why such a condition would be narrowly tailored.
People v. Morger (Ill. 2019)
Posted: November 21, 2019
Illinois Supreme Court opinion finding that, as a condition of supervision, a total ban from access to social media websites violates the First Amendment.
Maldonado v. Mattingly (W.D.N.Y. 2019)
Posted: November 6, 2019
Federal District Court for the Western District of New York denying summary judgment to state parole defendants over allegations that certain conditions of supervision relating to contact with Plaintiff's children and ability to attend church services violated his constitutional rights.
State v. Schnell (Minn. 2019)
Posted: September 16, 2019
Minnesota Supreme Court opinion finding that Minnesota DOC failed to comply with the law in failing to release an individual, or else otherwise modifying conditions of release.
United States v. Malenya (D.C. Cir. 2013)
Posted: October 27, 2017
D.C. Circuit Court of Appeals opinion reversing imposition of conditions of supervised release which, amongst others, prohibited defendant from using or possessing a computer or accessing any online service without prior approval.