Thursday, May 27, 2010

U.S. v. Blinkinsop, No. 09-30120 (10-27-10)(Goodwin with Hawkins and N. Smith). The defendant pled guilty to receiving child porn and received a 97-month sentence (bottom of the guidelines) and numerous special conditions of SR. On appeal, the 9th held that the sentence was reasonable under the circumstances, and the court had indeed considered and weighed the 3553 factors. The 9th did vacate two of the SR conditions and remanded limited to the conditions. The conditions related to a bar on the use of a computer (#13) and contact with children (#4). The complete bar on computers violates U.S. v. Riley, 576 F.3d 1046 (9th Cir. 2009) and must be amended. The contact with children does not take into account defendant's request to attend his own children's school activities. This barring condition can be amended to include safeguards in such circumstances.
Congratulations to AFPD David Ness of D. Mont. (Great Falls).


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