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Name: U.S. v. Riley
Case #: 08-50009
Opinion Date: 08/13/2009
Citation: 576 Fed.3d 1046

A supervised release condition prohibiting a defendant from using the computer to access any material that relates to minors is overbroad. Appellant was convicted of one count of possessing child pornography. As a condition of supervised release, the court ordered appellant “shall not access via computer any material that relates to minors.” The appellate court found the condition overbroad. For example, it prevents defendant using a computer to send his own young relatives birthday cards. As such, it restricts use of computers in situations that bear no relation to protecting the public from child pornography or exploitation, promoting rehabilitation, or preventing recidivism. Concerns about appellant’s conduct were adequately addressed by the other more specific conditions.