United States v. William Mefford
2013 U.S. App. LEXIS 6786
| 8th Cir. | 2013Background
- Mefford pled guilty in 2010 to failure to register as a sex offender and received 18 months’ imprisonment followed by 10 years’ supervised release.
- In Sept 2011 on supervision, a probation officer found a pornographic magazine that depicted youth but was legally obtained.
- Mefford agreed to modify his supervised-release conditions the next day to prohibit possessing pornography, waiving hearing and counsel rights.
- The district court conducted an individualized inquiry and imposed three new conditions, two of which barred pornography possession/obtainment and related access.
- Mefford appeals only the two pornography-related conditions, arguing they are not properly tied to the sentencing factors and are overbroad or vague.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are special conditions 1 and 2 reasonably related to 3553(a) and based on individualized findings? | Mefford contends no individualized basis justifies the porn ban. | United States contends the court conducted an individualized inquiry linking the conditions to factors. | Yes; court found individualized inquiry and fit to 3553(a) factors. |
| Are special conditions 1 and 2 unconstitutionally overbroad or vague? | Mefford argues First Amendment overbreadth and vagueness. | United States argues restrictions are narrowly tailored and constitutionally permissible. | No; conditions not unconstitutionally overbroad or vague. |
Key Cases Cited
- United States v. Wiedower, 634 F.3d 490 (8th Cir. 2011) (upheld broad porn-related restrictions)
- United States v. Ristine, 335 F.3d 692 (8th Cir. 2003) (upheld ban on entering establishments with pornography)
- United States v. Boston, 494 F.3d 660 (8th Cir. 2007) (upheld supervised-release conditions related to pornography)
- United States v. Muhlenbruch, 682 F.3d 1096 (8th Cir. 2012) (sustained location-based pornography restrictions)
- United States v. Deatherage, 682 F.3d 755 (8th Cir. 2012) (review of First Amendment impact on restrictions)
- United States v. Schaefer, 675 F.3d 1122 (8th Cir. 2012) (requires individualized findings for conditions in supervised release)
- United States v. Kelly, 677 F.3d 373 (8th Cir. 2012) (upholds restrictions on pornography for sex offenders)
- United States v. Thompson, 653 F.3d 688 (8th Cir. 2010) (overbreadth must be real and substantial to strike restrictions)