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May 4, 2011

Another notable circuit ruling on internet restrictions for child porn offenders

The Third Circuit has a notable opinion today in US v. Albertson, No. 09-1049 (3d Cir. May 4, 2011) (available here), which gets started this way:

We consider once again what are appropriate computer-related supervised release conditions for child pornography offenders.  Appellant Randy Albertson pled guilty to one count of receiving child pornography in violation of 18 U.S.C. § 2252A(a)(2)(B). The District Court sentenced him to 60 months’ imprisonment (the minimum 3 mandated) and 20 years’ supervised release with eight special conditions.   On appeal, Albertson challenges the reasonableness of the 20-year term and three of the special conditions of his supervised release, including a restriction on internet access, mandatory computer monitoring, and a restriction on his association with minors.  As we agree with Albertson only that a wholesale ban on his internet use is broader than necessary to accomplish the sentencing goals of 18 U.S.C. § 3553(a), we affirm the duration of the supervised release term and the association-with-minors restriction, vacate and remand the internet restriction, and remand the monitoring requirement for adaption to a more tailored internet restriction.

May 4, 2011 at 04:21 PM | Permalink

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Comments

What an unbelievably prehistoric sentence for viewing CP. It was probably more severe than what the actual deviate who took the pictures got. Certainly not equal justice in this case.

Posted by: james | May 4, 2011 7:53:10 PM

seems so true better off being a doer than a viewer .

Posted by: frank | May 8, 2011 8:04:54 PM

protection to children in an internet exploitation like porn, they must have law for this..

Posted by: marietta dui attorney | May 9, 2011 3:12:17 AM

In a country where pornography is rampant.
Government should have an action with this..

Posted by: Patterson lawfirm | May 23, 2011 1:56:14 AM

i believe that pornography in the internet must have a strict policy to avoid child exploitation and to protect child and women.

Posted by: One ring Atlanta | May 26, 2011 12:05:16 AM

With the existance of smart phones the limitation for pornography in internet will be more difficult to be controlled.

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Posted by: Marica | Jul 14, 2011 10:17:27 AM

Parent's controll is needed for future and success of their children.

Posted by: Web Design Surabaya | Jul 15, 2011 6:39:14 AM

Justice i sjustice whether it's equal or not for heis/her doing. Prison punishment mighn not enough for the victim, but it's still worth to make the apellant feel remorse.
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