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US v Burns

12-30-2014 Oklahoma:

US -v- Burns
775 F.3d 1221 (2014)

Mr. James Burns was convicted of possession and attempted possession of child pornography. See 18 U.S.C. § 2252(a)(4)(B), (b)(2). He was sentenced to 63 months in prison, followed by 5 years of supervised release. This appeal involves one of the conditions of his supervised release. That condition requires approval of the probation department before Mr. Burns can have any contact with minors, including his youngest daughter (S.B.).

This restriction intrudes on Mr. Burns's constitutional right to familial association. Because of this intrusion on a constitutional right, the district court should have made particularized findings before restricting Mr. Burns's contact with his daughter. Because the district court failed to make these findings, we reverse on plain error.1

... ... ...

II. Conclusion

The district court committed plain error by restricting Mr. Burns's contact with his daughter without the required findings. Thus, we remand for reconsideration of the supervised-release condition requiring Mr. Burns to obtain permission from the probation office before he can contact S.B.

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