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September 23, 2008

Interesting Second Circuit ruling on supervised release conditions

Another sad child porn downloading case has led to another interesting federal sentencing ruling today in US v. MacMillen, 07-3377 (2d Cir. Sept 23, 2008) (available here).  Here is the first paragraph of the ruling in MacMillen:

Defendant-appellant Christopher J. MacMillen appeals from a judgment of the United States District Court for the Western District of New York (Siragusa, J.) sentencing him to 78 months’ imprisonment and a lifetime term of supervised release following his plea of guilty to one count of possessing child pornography in violation of 18 U.S.C. § 2252A(1)(a)(5)(B). Specifically, MacMillen challenges two special conditions of supervised release imposed by the district court: (1) that he not frequent areas where children are likely to congregate; and (2) that the Probation Office be permitted to address third-party risks with the defendant’s employers. For the reasons that follow, we affirm the judgment of the district court.

September 23, 2008 at 11:48 AM | Permalink


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