U.S. v. Wagner

Dist. Ct. did not err in sentencing defendant to 132-month term of incarceration on charge of attempting to induce minor to engage in illegal sexual activity, where said sentence was based, in part, on inclusion of uncharged conduct into defendant’s base offense level regarding incidents in which defendant engaged in sexual discussions with undercover officer posing as 14-year-old girl. Inclusion of uncharged conduct is permissible under section 2G1.3(d)(1) of USSG, where, as here, defendant’s conversations occurred during same timeframe as charged offense, and where uncharged conduct was criminal in nature and bore some relation to charged offense. Moreover, Dist. Ct. did not err in requiring, as part of defendant’s terms of supervised release, that defendant participate in computer monitoring to restrict access to websites depicting sexually explicit conduct, where Dist. Ct. based said condition on defendant’s use of computer to commit charged offense. However, Dist. Ct. erred in imposing as term of defendant’s supervised release: (1) restriction on access to adult pornography, where any imposition of said restriction was determined by treatment provider, since said condition constituted improper delegation of Dist. Ct.’s Article III authority; and (2) restriction on defendant’s viewing of child pornography, since said condition was poorly drafted to give treatment provider discretion to permit defendant to view child pornography.