DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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103480P.pdf 08/10/2011 United States v. Deven J. Poitra
U.S. Court of Appeals Case No: 10-3480
U.S. District Court for the District of North Dakota - Fargo
[PUBLISHED] [Shepherd, Author, with Bright and Smith, Circuit Judges]
Criminal case - Criminal law and sentencing. Jury instruction in SORNA
case was not erroneous; even if the instruction, which included elements
of North Dakota law, was erroneous, the error was harmless as the error
did not relate to a disputed issue; conditions of supervised release did not
amount to an improper delegation of judicial authority; while the provision
of defendant's supervised release which banned possession of sexually
explicit materials was not supported by the required individualized
findings, defendant was not entitled to relief under the plain error doctrine
as the record clearly showed discernable reasons for the ban, in particular,
defendant's notable risk for committing future offenses and his prior
convictions for sexual offenses.