United States v. Steven Fonder
2013 U.S. App. LEXIS 13303
| 8th Cir. | 2013Background
- Fonder pled guilty to receiving and distributing child pornography under 18 U.S.C. § 2252A(a)(2) and possessing child pornography under § 2252(a)(4)(B).
- District court sentenced him to 84 months’ imprisonment and ten years’ supervised release.
- An Omaha Cyber Crimes Task Force investigation linked Fonder’s IP address to receiving and sharing child pornography, and a residence search revealed tens of thousands of images and videos.
- Fonder admitted downloading child pornography for about seven years prior to sentencing.
- At sentencing, Fonder objected to supervised release special condition 18, which prohibits possession or viewing of material deemed inappropriate by probation in consultation with the treatment provider; the district court overruled.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether special condition 18 is overbroad under the First Amendment | Fonder argues overbreadth under First Amendment. | U.S. contends condition is narrowly tailored to conduct related to offense. | Not overbroad; upheld. |
| Whether special condition 18 is vague under the Fourteenth Amendment | Fonder asserts vagueness in scope. | U.S. contends it provides adequate guidance via officer consult with treatment provider. | Not vague; upheld. |
Key Cases Cited
- Hobbs v. United States, 710 F.3d 850 (8th Cir. 2013) (upheld a similar condition restricting sexually explicit material when tailored to the offense)
- Simons v. United States, 614 F.3d 475 (8th Cir. 2010) (overbreadth/vagueness challenged in child-pornography context)
- Kelly v. United States, 625 F.3d 516 (8th Cir. 2010) (restrictive conditions deemed appropriately tailored in similar context)
- Deatherage v. United States, 682 F.3d 755 (8th Cir. 2012) (upholding related supervised-release restrictions)
- Koon v. United States, 518 U.S. 81 (1996) (abuse-of-discretion review may involve legal determinations)
- Schaefer v. United States, 675 F.3d 1122 (8th Cir. 2012) (totality-of-the-circumstances approach to conditions)
- Grandon v. United States, 714 F.3d 1093 (8th Cir. 2013) (hierarchy of review for sentencing decisions)
- Asalati v. United States, 615 F.3d 1001 (8th Cir. 2010) (constitutional claim review for supervised-release conditions)
- Watson v. United States, 480 F.3d 1175 (8th Cir. 2007) (abuse-of-discretion standard for sentences)
- United States v. Boston, 494 F.3d 660 (8th Cir. 2007) (standard for reviewing supervised-release conditions)