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142756P.pdf 07/07/2015 United States v. Edwin James
U.S. Court of Appeals Case No: 14-2756
U.S. District Court for the Western District of Arkansas - Texarkana
[PUBLISHED] [Smith, Author, with Riley, Chief Judge, and Loken, Circuit
Judge]
Criminal case - Sentencing. The district court adequately supported its
decision to impose lifetime supervision based on the need to protect the
public and defendant's history, mental condition, sexual deviation, and
severe alcoholism; the lifetime supervision provision was not
substantively unreasonable; Special Condition 6 concerning a ban on
internet access was not supported by the record and the government
concedes it should be vacated; Special Condition 1 concerning searches is
expressly allowed by 18 U.S.C. Sec. 3583(d) and is affirmed; Special
Condition 2 concerning treatment and testing for substance abuse was
justified by defendant's history of alcohol and drug abuse; Special
Condition 3 regarding mental health or sex offender treatment was
justified by his history, failure to complete prior treatment and the need
to protect the public; Special Condition 5 regarding contact with minors
was justified by defendant's history and the need to protect minors; there
were discrepancies between the oral pronouncement of the special
conditions and the written judgment and the matter is remanded to permit
the district court to harmonize the terms of its oral sentence and written
judgment.