U.S. v. Maranto

Dist. Ct. did not abuse its discretion in imposing two discretionary conditions of defendant’s term of supervised release, i.e., to provide tax returns and to submit to psychosexual examinations that may include polygraph examinations, following revocation of defendant’s original term of supervised release. Record showed that defendant had received original sentence of 120-month term of incarceration plus lifetime term of supervised release arising out of his federal conviction on charge of distribution of child pornography, and instant violation of prior term of supervised release arose out of state-court conviction on charge of possession of child pornography. Dist. Ct. could properly impose requirement that defendant produce his tax returns, where government justified said requirement due to need to monitor defendant’s ability to support himself through legitimate means, as well as to report his employment under SORNA, and where tax returns are otherwise helpful source of information that are not onerous to produce. Also, Dist. Ct. could impose polygraph examination requirement, where probation office has had history of said use with sex offenders, and where polygraph examinations were successfully used in past to uncover supervision violations by defendant and to obtain a search warrant that led to confiscation of certain items.