Criminal Law: Supervised Release-Modification of Conditions-Internet Access

Defendant appealed the denial of his motion to modify the conditions of his supervised release. Defendant was originally convicted of possession of child pornography and was placed on supervised release that defendant violated four times due to unauthorized access of computers or the internet, viewing pornography, and having prohibited contact with minors and known sex offenders. Defendant unsuccessfully sought to modify the conditions of his supervised release to have access to the internet and internet capable devices to attend community college.

Where defendant had an established history of using internet-capable devices for inappropriate conduct beyond simply possessing child pornography, the restriction of his supervised release was not impermissibly broad where his probation officer could authorize defendant’s access to computers and internet-capable devices for employment or educational purposes.

Judgment is affirmed.

U.S. v. Trimble (MLW No. 79815/Case Nos. 22-2168 & 22-2852 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa, Rose, J.