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111609P.pdf   01/13/2012  United States  v.  Timothy James Olson
   U.S. Court of Appeals Case No:  11-1609
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Murphy, Author, with Wollman and Benton, Circuit Judges]
Criminal case - Sentencing. In this case, the district court may have imposed defendant's consecutive sentence in order to enable treatment and promote rehabilitation in a federal institution in violation of Tapia v. United States, 131 S. Ct. 2382 (2011), and the sentence is vacated and the matter remanded for resentencing; the provision of defendant's supervised release prohibiting him from possessing material that depicts or describes sexually explicit conduct was not overbroad or unwarranted, where defendant admitted to an addiction to child pornography and discussed its role in facilitating the abuse of a minor child. Judge Benton, dissenting.