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August 3, 2009

Third Circuit upholds stat max sentence and special restriction in child porn case

The Third Circuit, which has issued a number of notable child porn rulings in recent times (see here and here), has another such ruling today in US v. Thielemann, No. 08-2335 (3d Cir. Aug. 3, 2009) (available here). Here is how the panel opinion starts:

The defendant, Paul Thielemann, was indicted and pleaded guilty to one count of receiving child pornography.  He was sentenced to the statutory maximum of 240 months of imprisonment, plus 10 years of supervised release subject to a number of conditions, including two Special Conditions of Supervision.

Thielemann appeals his prison sentence because the District Court considered non-charged relevant conduct in fashioning his sentence. Thielemann also challenges the two Special Conditions of Supervised Release imposed by the District Court. These conditions restricted Thielemann’s computer use and his viewing of sexually explicit material.

We reject Thielemann’s arguments concerning his relevant conduct and we conclude that both Special Conditions of Supervised Release must be upheld. In particular, we hold that restricting Thielemann’s possession and viewing of sexually explicit material, as defined in 18 U.S.C. § 2256(2)(A), does not violate the Constitution. Accordingly, we will affirm the District Court’s judgment and sentence of April 30, 2008.

August 3, 2009 at 01:01 PM | Permalink

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