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7th Circuit vacates child porn supervised-release condition

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The 7th Circuit Court of Appeals vacated a sentence for possession of child pornography Thursday that it ruled imposed an unconstitutionally vague condition of supervised release. The court affirmed, in the case, convictions of attempting to distribute heroin and illegal possession of a firearm.

Scott Adkins of Gary was convicted of the heroin count and a charge of possession of a firearm by a felon in a jury trial before Chief Judge Philip P. Simon in the Northern District of Indiana in Hammond. Adkins later pleaded guilty in a separate case to receipt of child pornography.

Authorities in 2009 intercepted a UPS package containing heroin inside stuffed snowmen and tracked it to Adkins’ home with an electronic monitoring device. When Adkins opened the package, the device alerted and agents raided Adkins’ home.

A search turned up two guns and pornographic videos of girls appearing to be 7 or younger, according to the court. Adkins was sentenced to four years of supervised release on the heroin charge and three years of supervised release on the gun charge, concurrent to a term of 15 years supervised release on the child pornography charge.

In accepting supervised release on the child porn charge, Adkins agreed to a condition that he “shall not view or listen to any pornography or sexually stimulating material or sexually oriented material or patronize locations where such material is available.”  

In United States of America v. Scott Adkins, 12-3738, 12-3739, Circuit Judge Joel Flaum wrote for the panel that Adkins was not entitled to a new trial on his argument that the District Court erred in admitting certain evidence and the that jury was improperly instructed. The panel agreed, though, that a special condition of Adkins’ supervised release was vague and constitutionally overbroad, and that it could be appealed even though Adkins agreed to an appeal waiver.

Flaum wrote that an appeal waiver does not preclude the court from reviewing a condition to determine whether it is constitutionally vague, which the panel ruled was the case. “Read literally, this provision might preclude Adkins from using a computer or entering a library – irrespective of what he views in either place,” Flaum wrote. “Indeed, he might not be able to ride the bus, enter a grocery store, watch television, open a magazine or newspaper, read a classic like Romeo and Juliet, or even go out in public (given the ubiquity of advertisements that use potentially sexually oriented or sexually stimulating images to pique customer interest).”

The panel remanded the case to the District Court with instructions to more narrowly tailor the condition.

 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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