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February 5, 2010

Third Circuit rejects lifetime limit on internet use as supervise release condition

A Third Circuit panel has again struck down as substantively unreasonable a supervised release condition putting a lifetime limit on internet use. The opinion in US v. Miller, No. 08-4278 (3d Cir. Feb. 5, 2010) (available here), gets started this way:

Appellant Donald R. Miller was sentenced to thirty months’ imprisonment and a lifetime term of supervised release following his conviction for possession of child pornography and possession of marijuana.  The District Court imposed eight special conditions of supervised release, including a restriction on internet access, mandatory computer monitoring, and a limitation on association with minors.  On appeal, Miller challenges the duration of his term of supervised release and four of the eight special conditions.  We agree with Miller that the lifetime limitation on internet use is a greater restraint of liberty than is reasonably necessary and that the restriction on his association with minors is overbroad.  Accordingly, we will vacate and remand to the District Court for further proceedings consistent with this opinion.

February 5, 2010 at 02:07 PM | Permalink

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Comments

what a crock sentence. first 4-5 photo's out of thousands and he proved his system had been hacked. come on people. Then LIFETIME SUPERVISON? which criminal stupidty is this ESPECIALLY when the crime only called for a less than 3 years in prison. Sorry that kind of punishment needs to be reserved for the worst of the worst you know those who get 25-life and then get out.

and i am so so so sick of seeing this lie in court documents!

"The District Court justified
the lifetime term based on the high rate of recidivism among sex
offenders"

That i think i calls for the manditory EXECUTION of anyone stupidy enough to say it. We need these idiots OUT OF THE GENE POOL!

and yes i say LIE i've seen 10 YEARS of studies that PROVE IT'S IT LIE and always has been.

Posted by: rodsmith3510 | Feb 6, 2010 2:15:26 AM

which kind of makes me think the lawyers are in on the crooked conspiracy. Otherwise they would object anytime a judge or DA announced it with two simple words. PROVE IT!

Posted by: rodsmith3510 | Feb 6, 2010 2:16:32 AM

Most of the most respected TV journalists toss off that phrase "there is such a high rate of recividism." with the emphasis on Such. They get by with it. It is a lie according to all the latest studies. It has one of the lowest rates by far. Only murder has less recividism. As far as sexual offenders, truth and reason and justice went away a long time ago. It is a salem witch hunt all over again. The faminists seem to think they need to keep this hysteria going. I do not know what their reward is.

Posted by: DLJ | Feb 6, 2010 11:47:47 PM

The reward to the feminist lawyer and its male running dog is money from lawyer gotchas, and revenge against a group they hate, productive males.

Posted by: Supremacy Claus | Feb 7, 2010 2:43:28 AM

I wonder now, since they state that computer monitoring for life is not allowed, if something can be brought up against the submission of internet identifiers?

Posted by: S.O. | Feb 16, 2010 6:20:58 PM

Hey is there a way to automatically import twitter/youtube feed into a Featured Member news items. I added the third party accounts in the typepad profile as elsewhere accounts. Also designated that users a Featured member. I can only see the posts made from motion, but no twitter activity.

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