FILED
IN THE UNITED STATES DISTRICT COURT
10:59 am, 11/3/20
FOR THE DISTRICT OF WYOMING
Margaret Botkins
Clerk of Court
AMENDMENT TO SEXUAL MATERIAL
PROHIBITION SPECIAL CONDITION GENERAL ORDER 2020-13
OF SUPERVISED RELEASE
GENERAL ORDER AMENDING SEXUAL MATERIAL PROHIBITION
SPECIAL CONDITION OF SUPERVISED RELEASE
This matter comes before the Court sua sponte. On October 9, 2020, the Tenth
Circuit Court of Appeals issued an opinion in United States v. Daniel Aaron Koch, 19-
8034, --- F.3d --- (10th Cir. 2020), finding the Court’s imposition of a “Sexual Material
Prohibition” was plain error due to the lack of sufficient findings to support the condition
having been made. Id. at 17. The Court of Appeals also expressed concerns regarding the
breadth of material potentially encompassed by the special condition. Id. 2-3, fn. 1. To
avoid such overbreadth the Court hereby amends all Special Conditions of Supervised
Release which provide:
The defendant shall not possess, send or receive any pornographic, sexually oriented, or
sexually stimulating visual, auditory, telephonic or electronic signs, signals or sounds
from any source, unless part of a treatment regimen. He shall not visit bulletin boards,
chat rooms or other Internet sites where any pornographic, sexually oriented or sexually
stimulating images or messages are discussed. He shall not send or receive e-mail or
other documents discussing any pornographic, sexually oriented, or sexually stimulating
images or messages.
THEREFORE, IT IS ORDERED, that those Special Conditions of Supervised
Release as noted above are hereby amended as follows:
The defendant shall not access, possess, send or receive any material that depicts sexually
explicit conduct as defined in 18 U.S.C. § 2256(2)(A) in any format, including but not
limited to images, books, writings, drawings, video games, or visual depiction of such
conduct as defined in 18 U.S.C. § 2256(5); any material constituting or containing
child pornography as defined in 18 U.S.C. § 2256(8), or any material constituting or
containing the obscene visual representation of the sexual abuse of children as defined in
18 U.S.C. § 1466A. The defendant shall not visit bulletin boards, chat rooms, or other
Internet sites where any material referenced above is discussed.
IT IS FURTHER ORDERED that the United States Probation Office for the District of
Wyoming shall advise all Defendants to whom this amendment applies or will apply
upon being place on Supervised Release.
Dated this _____ day of November, 2020.
_____________________________________
SCOTT W. SKAVDAHL
CHIEF UNITED STATES DISTRICT JUDGE
