United States v. Ewart

Summary

Defendant appealed modification of supervised release conditions adding GPS monitoring and internet restrictions. The Second Circuit affirmed, holding that the district court did not abuse its discretion given newly revealed admissions of child sexual abuse, as the conditions were reasonably related to deterrence and public protection. The court rejected vagueness and improper delegation challenges, and found the First Amendment challenge unripe.

Holdings

1. The district court did not abuse its discretion in imposing GPS monitoring and computer monitoring conditions.
2. The internet restrictions are not impermissibly vague; a person of ordinary intelligence would understand the categories requiring approval.
3. The district court did not improperly delegate; the conditions allow the treatment provider to oversee certain restrictions, not delegate authority.
4. The First Amendment challenge is not ripe because Ewart has not identified any websites to which he has been denied access.

Questions Presented

1. Whether the GPS monitoring and computer monitoring conditions constitute an unreasonable deprivation of liberty
2. Whether the internet usage restrictions are impermissibly vague
3. Whether the district court improperly delegated implementation of conditions to the treatment provider
4. Whether the First Amendment challenge to website restrictions is ripe for review

Disposition

affirmed