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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When I was restricted from computer use, I formed a corporation and the restriction was lifted. However, my use was for business only
Meanwhile, a so called “star” of YouTube has been posting videos of herself on Onlyfans when nude as a child in exchange for money. This is production and distribution of child porn via the internet for pecuniary gain under federal law. But it appears the feds are doing nothing about it!
https://www.google.com/amp/s/www.foxnews.com/entertainment/youtube-gabi-demartino-apologizese-childhood-video-onlyfans.amp
Brandon and Maestro:
I am designing a website to deal with registration. I will be addressing lifetime probation and civil commitment as well.
I’m on lifetime probation all
Because I lived In Florida for almost 6 years. I have no desire to step foot in that backward hillbilly state and it can be sink for all I care. Florida you can kiss my ——-!!
No one should be on lifetime probation. If you’re gonna put someone on lifetime probation you may as well put them in prison for life.
Lifetime probation should NOT be a thing and should be discussed IN GREAT LENGTHS with the legislators in every state. It’s absurd. And it’s a shitty way of this “built on Christian values” country telling people that we are not worthy of that wholesome “forgiveness and redemption”.
If you read this case, you will see that this particular defendant could have been sentenced to life in prison. Instead, the judge gave him 20 years. So, lifetime probation might violate the 8th Amendment IF someone receives that punishment beyond a statutory maximum. For instance, if someone can only be sentenced to 5 years as punishment but gets lifetime supervision, then thst sentence might be unconstitutional. Unfortunately, there are no such decisions from federal courts because very few life terms of probation occur.
The complainants in this case claim that the registrant initiated contact with them (both adults) and claim they posed as a child after this initial contact.
It makes more sense that the neighbors initiated contact with the registrant and conducted this “sting” to get rid of their “sex offender” neighbor.
Exactly