Submitted: September 23, 2016
from United States District Court for the Northern District
of Iowa - Ft. Dodge
COLLOTON, MELLOY, and SHEPHERD, Circuit Judges.
SHEPHERD, Circuit Judge.
Brandon Schultz challenges three special conditions of
supervised release the district court imposed when sentencing him
on a supervised release revocation to 22 months imprisonment
to be followed by one year of supervised release. We affirm.
October 2007, Schultz was convicted in Maryland state court
of third-degree sexual assault. This conviction stemmed from
a consensual relationship with a 14-year-old girl when
Schultz was 23 years of age. Under federal law, Schultz was
required to register as a sex offender in his state of
residence. In November 2008, Schultz was residing in Iowa
without having registered as a sex offender in that state. As
a result, he pled guilty to failing to register as a sex
offender, and the district court sentenced him to 30 months
imprisonment to be followed by 5 years of supervised release.
He began his supervised release term in June 2011.
December 2012, the district court revoked Schultz's
supervised release based on multiple violations, including
failure to comply with residential reentry center rules,
disorderly conduct, excessive use of alcohol, and use of
illegal drugs. The court sentenced Schultz to 21 months
imprisonment to be followed by 3 years of supervised release.
his release, Schultz again violated the terms of his
supervised release by associating with persons involved in
criminal activity and having contact with children under the
age of 18. As a result, the district court modified the terms
of the supervised release and ordered Schultz to serve two
consecutive weekends in jail.
November 2015, the district court again revoked Schultz's
supervised release. At the revocation hearing, Schultz
admitted he used cocaine, twice failed to submit a urine
sample for testing, and possessed cocaine. The district court
also found Schultz had engaged in cocaine distribution. The
court sentenced Schultz to 22 months imprisonment to be
followed by 1 year of supervised release.
of the sentence, the court imposed three special conditions
of supervised release relevant to this appeal. Special
Condition 4 prohibited Schultz "from owning or having in
his possession any pornographic materials" or from
"enter[ing] any establishment where pornography or
erotica can be obtained or viewed." Special Condition 5
directed Schultz to make any computer or electronic devices
available for search or monitoring by a United States
probation officer. Special Condition 6 prohibited Schultz
from having contact with any children under the age of 18
without prior written consent of the probation office.
these conditions had been part of the original sentence and
the first revocation sentence. At the latest revocation
hearing, Schultz only objected to Special Condition 6,
arguing for a change in that condition because he had a
one-year-old son with whom he desired regular contact. In
response to the objection, the district court added to
Special Condition 6 that "[t]he United States Probation
Office will work with you and your family to set up
supervised communications and visits with your biological and
legally adopted children." Schultz now appeals the three
we review "the imposition of special conditions for
abuse of discretion, but when a defendant has failed to
properly object to the imposition of the condition at the
sentencing hearing, " we review for plain error.
United States v. Roberts, 687 F.3d 1096, 1100 (8th
Cir. 2012). Therefore, we will review the district
court's continuation of Special Conditions 4 and 5 for