U.S. v. Cary

In sentencing defendant on charge of failing to register as sex offender, Dist. Ct. erred in imposing as special condition of defendant’s supervised release, requirement that defendant refrain from using any “mood altering substance” where said condition was not mentioned by Dist. Ct. in its oral ruling at sentencing hearing. Moreover, remand was required for Dist. Ct. to clarify what websites defendant cannot access during his supervised release since Dist. Ct.’s requirement that defendant obtain computer software filter to block access to “sexually oriented websites” was too vague, and Dist. Ct. otherwise failed to make any findings to support such ban. Also, Dist. Ct. must make finding of defendant’s ability to pay for alcohol and mental health treatment before making such requirement as part of special condition of supervised release.