DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
111793P.pdf 03/13/2012 United States v. Stephen Morais
U.S. Court of Appeals Case No: 11-1793
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Colloton, Author, with Smith and Gruender, Circuit
Judges]
Criminal Case - sentence. Sentence as low end of guideline range for
receiving child pornography was not unreasonable. The record included
sufficient reasons to reject a downward departure or variance and
consideration of the impact of defendant's autism diagnosis. District
court did not clearly err in imposing a fine based on the defendant's
income, earning capacity and financial resources. Because oral
pronouncement and written judgment conflict with respect to condition of
supervised release, case is remanded to amend written judgment to
conform to oral pronouncement of special condition. Special condition
four restricting access to the internet without prior approval was
sufficiently narrow and does not involve a greater deprivation of liberty
than is reasonably necessary.