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United States v. Canfield

United States Court of Appeals, Seventh Circuit

June 25, 2018

United States of America, Plaintiff-Appellee,
v.
Joseph Canfield, Defendant-Appellant.

          Argued November 30, 2017

          Appeal from the United States District Court for the Central District of Illinois. No. 07-cr-20065-001 - James E. Shadid, Judge.

          Before Easterbrook and Manion, Circuit Judges, and Lee, [*] District Judge.

          LEE, DISTRICT JUDGE.

         Joseph Canfield was convicted and incarcerated for possessing child pornography. While on supervised release, he violated the conditions of his release by viewing adult pornography on unauthorized smart phones. For this violation, Canfield consented to 180 days of home confinement and an additional year of supervised release. While under those additional conditions, Canfield was discharged from his sex offender treatment program for smoking marijuana, holding an infant without disclosing his offender status to the infant's mother, and for again watching adult pornography. The district court then revoked Can-field's supervised release and sentenced him to six months' imprisonment, followed by five more years of supervised release.

         In this appeal, Canfield contests the district court's imposition of four special supervised release conditions: a requirement that he notify third parties about the risks his offender status poses; a condition that he undergo drug testing and substance abuse treatment at the direction of his probation officer; a prohibition on all access to sexually explicit material; and a ban on using the Internet to access sexually explicit material. For the reasons set forth below, we vacate the first three conditions, affirm the remaining condition, and remand the case to the district court for further proceedings.

         I. Background

         After pleading guilty in 2007 to possessing digital images of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B), Joseph Canfield was sentenced to 78 months of imprisonment and three years of supervised release. The supervised release conditions required that Can-field participate in sex offender treatment, avoid unsupervised contact with minors, and not possess "any material, legal or illegal, that contains nudity or alludes to sexual activity or depicts sexually arousing material."

         Canfield's term of supervised release began in June 2013. His supervised release was twice extended, first to allow him to complete sex offender treatment, and a second time after he admitted using unauthorized smart phones to view adult pornography and possessing a sexually explicit video of a female who looked to be between seventeen and nineteen years old, as well as several nude images of children.

         In March 2017, Canfield told his treatment provider that he had again watched adult pornography. He further confessed that he had smoked marijuana two years earlier and had held a female infant, whose mother had not been informed about his sex offender status. On the basis of these admissions, as well as the conduct he had admitted earlier, Canfield's treatment provider "unsuccessfully discharged" him from treatment and recommended to Canfield's probation officer that Canfield be barred from viewing pornography and from having any contact with children.

         The probation officer then petitioned the district court to revoke Canfield's supervised release, on the grounds that he had violated the condition requiring him to participate in sex offender treatment and the condition forbidding unsuper-vised contact with minors. The probation officer proposed several additional conditions of supervised release, which included the following: a requirement that Canfield provide notice to third parties about the risks his sex offender status may pose ("Notification Condition"); a ban on all access to sexually explicit material ("Sexual Material Condition"); a ban on using the Internet to access sexually explicit material ("Internet Sexual Material Condition"); and a requirement that he undergo drug testing and substance abuse treatment at the direction of his probation officer ("Drug Testing Condition").

         Canfield's revocation hearing was held on May 25, 2017. At the hearing, Canfield objected to all of the above-listed conditions of supervised release, arguing that the Notification Condition was unconstitutionally vague, that the Sexual Material and Internet Sexual Material Conditions were overly broad, and that the Drug Testing Condition was generally unjustified. The district court imposed all four conditions over Canfield's objections and issued a sentence of six months' imprisonment, followed by five years of supervised release. Canfield appeals, challenging all four conditions.

         II. Analysis

         A district court must satisfy three requirements in imposing a discretionary condition of supervised release. 18 U.S.C. §§ 3553(a), 3583(c)-(d). First, the condition "must be reasonably related to (1) the defendant's offense, history and characteristics; (2) the need for adequate deterrence; (3) the need to protect the public from further crimes of the defendant; and (4) the need to provide the defendant with treatment." United States v. Kappes,782 F.3d 828, 845 (7th Cir. 2015); 18 U.S.C. § 3583(d)(1). Such a condition also "cannot involve a greater deprivation of liberty than is reasonably necessary to achieve the goal of deterrence, incapacitation, and rehabilitation." Kappes, 782 F.3d at 845; 18 U.S.C. ยง 3583(d)(2). Lastly, the condition must be consistent with any relevant statements issued by the United States Sentencing ...


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