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US v Dunn

2-10-2015 Utah:

US v Dunn

Defendant-appellant Michael Dunn was convicted of possessing child pornography, receiving child pornography and distribution of child pornography. Defendant received a 144-month sentence for these convictions, followed by a 25-year term of supervised release.

The district court imposed certain special conditions of the release (including restrictions on defendant's ability to access computers and the internet), and ordered payment of restitution. Defendant raised several arguments on appeal:
  • (1) the court erred in instructing the jury, relieving the government of its burden to prove he "distributed" pornography;
  • (2) his convictions for receipt and possession were multiplicitous and violated Double Jeopardy;
  • (3) the special conditions of his supervised release limiting his access to computers and the Internet were not supported by necessary findings of fact; and
  • (4) the district court applied an incorrect legal standard with regard to restitution (affecting the total amount owed).

After review, the Tenth Circuit agreed that the special conditions imposed on release were not supported by necessary findings of fact. The Court also agreed that an incorrect legal standard was used in calculating restitution.

On those grounds the Court reversed and remanded for further proceedings; the Court affirmed the district court's judgment in all other respects.

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