In U.S. v. Tome, No. 09-16486 (July 27, 2010), on review of a revocation of supervised release, the Court upheld the imposition of a 24-month sentence and a one-year internet ban as a condition of additional supervised release.
The defendant, after admitting to possession of computer disks containing over 100,000 images of child pornography and being convicted of possessing child pornography, was released on supervised release. While on supervised release, Tome violated his conditions by, inter alia, sending a letter to an inmate graphically describing having sex with children, falsely denying internet usage, and associating with persons convicted of child pornography offenses. In addition, the probation officer stated that during his sex offender treatment sessions Tome was “lacking in motivation, defensive and arrogant.” The Court found that the district court acted within its discretion in imposing the maximum 24-month term, and in prohibiting Tome from using the internet for one year. The Court noted that Tome had not established that his “odd jobs” required internet usage.
