United States v. Seth Hilliker
469 F. App'x 386
| 5th Cir. | 2012Background
- Hilliker pleaded guilty to failure to register under SORNA, 18 U.S.C. § 2250(a).
- District court sentenced him to 40 months’ imprisonment (credit for 10 months served) and 20 years’ supervised release.
- Special conditions prohibited computer/internet access, required avoidance of cameras/electronic equipment without permission, and barred sexually oriented material.
- Hilliker objected to the computer/internet ban, photographic-device/electronic-equipment ban, and sexually oriented-material ban; objections were not always specific.
- Court applied Miller and related Fifth Circuit precedent; some issues reviewed for abuse of discretion, others for plain error; affirmed the special-condition orders on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the computer/internet ban complies with statute and liberty interests | Hilliker argues the ban exceeds statutory limits and unduly restricts liberty | Hilliker’s view supported by district court precedent; ban is within discretion | Affirmed as within permissible scope and not plain error |
| Whether the photographic devices/electronic equipment ban is reasonable | Hilliker preserved challenge to this ban’s meaning; argues overbreadth | Court did not abuse discretion given history and link to conduct | Affirmed abuse-of-discretion; ban upheld |
| Whether the sexually oriented materials ban is sufficiently related to goals and notice | Hilliker argues overbreadth and lack of notice | Ban reasonably related to deterrence and protection; notice adequate given unsettled law | Affirmed under abuse-of-discretion standard; plain-error and notice concerns insufficient to prevail |
Key Cases Cited
- United States v. Miller, 665 F.3d 114 (5th Cir. 2011) (special conditions of supervised release; limits on electronic equipment and related issues)
- United States v. Rodriguez, 558 F.3d 408 (5th Cir. 2009) (plain-error review framework for challenged conditions)
- United States v. Paul, 274 F.3d 155 (5th Cir. 2001) (deterrence and public protection authorities for supervised release)