192513P.pdf   06/05/2020  United States  v.  Gary Smith
   U.S. Court of Appeals Case No:  19-2513
   U.S. District Court for the Western District of Missouri - Joplin   
   [PUBLISHED] [Benton, Author, Smith, Chief Judge, and Kobes, Circuit 
   Judges] 
   Criminal case - Sentencing. The district court erred by modifying a 
   condition of defendant's supervised release concerning contact with minors 
   without conducting a hearing as required by Fed. R. Crim. P. 32.1(c), as 
   the condition as imposed was less favorable than he sought and was imposed 
   after the government objected to defendant's proposed modification; 
   however, defendant is not entitled to any relief because the denial of a 
   hearing did not affect his substantial rights; the modification is 
   affirmed; similarly, the district court erred in modifying a condition 
   concerning possession and access to pornography without conducting a 
   hearing and, similarly, the denial of a hearing did not affect defendant's 
   substantial rights; the new condition is not constitutionally vague and 
   does not give the probation officer unfettered discretion.