U.S. v. Manyfield

Federal 7th Circuit Court
Criminal Court
Supervised Release
Citation
Case Number: 
No. 19-2096
Decision Date: 
June 11, 2020
Federal District: 
N.D. Ill., E. Div.
Holding: 
Vacated and remanded in part

Dist. Ct. did not err in sentencing defendant to 24-month term of incarceration following revocation of defendant's term of supervised release that was imposed as part of his sentence on conviction for possession of child pornography. Record showed that: (1) defendant was in possession of cell phone that contained pornographic websites and images of child pornography that violated conditions of his original term of supervised release; and (2) Dist. Ct. adequately explained instant, above-Guideline sentence, after noting that defendant was danger to community, and that maximum term was necessary to deter him. Moreover, defendant's repeated violations of his original conditions of his supervised release supported Dist. Ct.'s subsequent imposition of lifetime term of supervised release following revocation of original term of supervised release. However, remand was necessary  because Dist. Ct. had failed to explain necessity of imposing certain conditions of defendant's now lifetime term of supervised release, and because challenged conditions were neither included in revocation petition nor read aloud at hearing.