2-13-15 Arkansas:USA v James
Edwin James appeals his sentence of lifetime supervised release and certain conditions of supervised release imposed by the district court after James pleaded guilty to failing to register as a sex offender, in violation of 18 U.S.C. § 2250, as is required by the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. §§ 16901-16991. We affirm in part and reverse in part.
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First, we address Special Condition 6, which states that "[t]he defendant shall have no access to the internet, or any device capable of accessing the internet to include a computer and/or cell phone without the permission of the probation officer.
" There is no evidence in the PSR or any other source in the record of James ever using the internet, much less using the internet for unlawful purposes. See United States v. Springston, 650 F.3d 1153, 1156 (8th Cir. 2011) (vacating a restriction on internet access because "[t]he record . . . is devoid of evidence that [the defendant] has ever used a computer for any purpose") vacated on other grounds, Springston v. United States, 132 S.Ct. 1905 (2012); United States v. Crume, 422 F.3d 728, 733 (8th Cir. 2005) (vacating a restriction on computer use and internet access because "the record is devoid of evidence that [the defendant] has ever used his computer for anything beyond simply possessing child pornography").
The government concedes that this special condition should be vacated, and we agree.
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