11th Circuit Upholds Computer Ban on Person Serving Lifetime Probation
A Florida Man appealed a condition of his sentence that included a computer ban while he is on probation. He was sentenced to lifetime probation, which means he will never be able to use a computer. He argued that the condition was unconstitutional in light of the US Supreme Court decision in Packingham. The Court, however, noted that Packingham was a restriction on social media access for someone NOT on probation. Since the ban is a condition of probation, it’s distinguished from Packingham and is allowed.
The Court found that a district court does not commit plain error by imposing a computer restriction as a special condition of supervised release, even if the term of supervised release is life.
You can read the decision here: https://media.ca11.uscourts.gov/opinions/pub/files/201910678.pdf
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He can use the computer for work but not to contact girls. That’s fine. It does not mean that OTHER registrants are subject to the same restriction he is.
Petitioners such as this one tend to defy the recidivism statistics. And I think the district court simply considered the petitioner’s history and risk level. That’s what the judge is supposed to do, right?
So has the 11th Circuit ever ruled in favor of “sex offenders”? I was not surprised they dismissed the ex post facto suit as Floriduh Statute 95.11 explains time constraints. I was surprised our attorneys didn’t know that.
They argued it’s a continuing violation. The 2018 amendment was clearly within the statute of limitations.
The penalty section of the first statute of this man’s conviction says he “shall be fined under this title and imprisoned not less than 10 years or for life” under 18 USC 2422(b). So, his computer restriction while on probation is a moot question because the judge sentenced him to 20 years incarceration for a crime that carries a maximum life term. Its highly unlikely he will ever get out of prison.
#1. How is “lifetime probation” even Constitutional?? (What am I saying!? Everyone on the Florida Registry is on “Lifetime Probation”, the State just chooses to call it a civil regulatory scheme. But isn’t the result the same – one technical error and you are re-imprisoned on a felony charge.
That’s probation, isn’t it??
#2. How exactly are they going to make this work when we live in an increasingly computerized world? Already, it must be very hard to find a simple cellphone that couldn’t be considered a computer. Many calculators and wristwatches have microchips – does that make them “computers”? And a “FitBit”? And “smart TVs”, “smart speakers”, refrigerators, thermostats, ad infinitum! And soon apparel and shoes as well.
I hope it’s appealed all the way to SCOTUS, if necessary. Dump it in the Justices’ laps & see how they respond to this insanity!!!
SCOTUS only reviews cases they want to, and this would not be one they would review. This “take it all the way to the supreme court” rhetoric is folly…
The only thing about this case I do agree with is the conditions should be set on a case by case basis. Instead of arguing the unconstitutional nature of the condition, it could always be argued for removal by the court.
Dear Ben, that is a different standard on appeal called abuse of discretion. That is, whether a district Court (lower court) abused it discretion in denying a defendants request to modify conditions of probation. It is very difficult to show a court of appeals that a lower court abused its discretion.
Oh good – considering every form of media is now being delivered on a computer.
Cell phone – computer
Smart TV – computer
Registering anything – using a computer
Might as well drop him off in a deserted island at this point in time because even prisons are likely to be using computers which would require him to interact with them.
Brian, the point in this case ironically is that he can’t use the internet except for work purposes and approved by probation. Since he’s not on probation while incarcerated, he can use the internet in prison if available to him. More than one way to skin a cat.
Lest not forget, atm – computer, self checkout – computer, etc. The fact that they could even enforce something like this, just goes to show the cruelty that is the United States of America.