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United States v. Schultz

United States Court of Appeals, Eighth Circuit

January 10, 2017

United States of America, Plaintiff- Appellee
v.
Jason Brandon Schultz, Defendant-Appellant

          Submitted: September 23, 2016

         Appeal from United States District Court for the Northern District of Iowa - Ft. Dodge

          Before COLLOTON, MELLOY, and SHEPHERD, Circuit Judges.

          SHEPHERD, Circuit Judge.

         Jason Brandon Schultz challenges three special conditions of supervised release the district court[1] imposed when sentencing him on a supervised release revocation to 22 months imprisonment to be followed by one year of supervised release. We affirm.

         I.

         In 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.

         In 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.

         After 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.

         In 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.

         As part 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.

         Each of 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 special conditions.

         II.

         Generally, 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 ...


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