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Third Circuit rejects lifetime limit on internet use as supervise release condition

By Douglas A. Berman

A Third Circuit panel has again struck down as substantively unreasonable a supervised release condition putting a lifetime limit on internet use. The opinion in US v. Miller, No. 08-4278 (3d Cir. Feb. 5, 2010) (available here), gets started this way: Appellant Donald R. Miller was sentenced to thirty months? imprisonment and a lifetime term of supervised release following his conviction for possession of child pornography and possession of marijuana.  The District Court imposed eight special conditions of supervised release, including a restriction on internet access, mandatory computer monitoring, and a limitation on association with minors.  On appeal, Miller challenges the duration of his term of supervised release and four of the eight special conditions...continue to full post

Full post as published by Sentencing Law and Policy on February 05, 2010 (boomark / email).