United States v. Jeffrey P. Taylor
2015 U.S. App. LEXIS 13771
| 7th Cir. | 2015Background
- In 2006 Taylor engaged in sexually explicit chats and webcam masturbation with an online account he believed was a 13-year-old girl; it was a law-enforcement sting. A jury convicted him under 18 U.S.C. § 1470; he was sentenced to three years’ probation.
- Taylor had earlier been tried and convicted under § 2422(b), that conviction was overturned on appeal; later he was retried under § 1470 and convicted.
- While his direct appeal was pending, the district court modified probation conditions; Taylor appealed those modifications.
- The contested special conditions (as modified) included: a ban on viewing otherwise-legal adult pornography; a requirement to notify probation before using internet-capable devices and to make such devices available for inspection on request; and a broad prohibition on any knowing direct or indirect contact with persons under 18.
- The Seventh Circuit considered (1) whether the district court had jurisdiction to modify probation while appeal was pending and (2) whether each special condition was reasonably related to the offense, necessary, and not greater than required.
Issues
| Issue | Plaintiff's Argument (Taylor) | Defendant's Argument (Government / District Court) | Held |
|---|---|---|---|
| District court jurisdiction to modify probation while appeal pending | §3563(c) modification during appeal was improper because notice of appeal divests district court | §3563(c) allows modification “at any time,” so district court retained authority | Court held district court had jurisdiction based on Ramer and §3563(c) language permitting modification “at any time” |
| Ban on viewing legal adult pornography | Overbroad and unsupported: adult porn protected by First Amendment; no record showing it contributed to offense or risk of recidivism | Court and government justified based on sex-related nature of offense and that Taylor produced sexual images of himself during offense | Vacated: ban on otherwise-legal adult pornography is unsupported by record and an abuse of discretion |
| Inspection of internet-capable devices without reasonable suspicion | Probation searches should require reasonable suspicion before device inspection | Taylor used a computer to commit the offense; periodic inspection without reasonable suspicion is warranted given the offense’s computer nexus | Upheld: inspection condition is permissible given offense was committed via computer and is sufficiently related to risk/control needs |
| Absolute ban on knowing contact with minors | Overbroad; no exceptions for ordinary commercial interactions or incidental contact; chills normal activities | Government asserted restriction necessary to protect minors given Taylor contemplated a meeting with a 13-year-old | Vacated in part/remanded: absolute ban is overly broad; court orders reinstatement of ordinary-commercial-business and incidental-contact exceptions and permits modification on remand |
Key Cases Cited
- United States v. Ramer, 787 F.3d 837 (7th Cir.) (district court may modify supervised-release conditions “at any time,” supporting district-court authority while appeal pending)
- Griggs v. Provident Consumer Disc. Co., 459 U.S. 56 (U.S. 1982) (notice of appeal normally divests district court of control over aspects involved in appeal)
- United States v. Taylor, 777 F.3d 434 (7th Cir. 2015) (prior panel decision addressing aspects of Taylor’s conviction and probation terms)
- United States v. Voelker, 489 F.3d 139 (3d Cir. 2007) (vacating adult-pornography ban where record did not show it contributed to offense or risk of reoffending)
- United States v. Shannon, 743 F.3d 496 (7th Cir. 2014) (courts must be cautious banning adult pornography; such bans implicate First Amendment concerns)
- United States v. Kappes, 782 F.3d 828 (7th Cir. 2015) (upholding computer-inspection conditions when defendant’s offenses were computer-centric; cautioning against overly broad search authority)
- United States v. Goodwin, 717 F.3d 511 (7th Cir. 2013) (struck down computer-search condition when computer played no role in offenses)
- United States v. Perazza-Mercado, 553 F.3d 65 (1st Cir. 2009) (vacating adult-pornography ban imposed without record support)