United States v. Albert M. Lee

315 F.3d 206, 60 Fed. R. Serv. 155, 2003 U.S. App. LEXIS 131, 2003 WL 42447
CourtCourt of Appeals for the Third Circuit
DecidedJanuary 7, 2003
Docket01-4485, 01-4496
StatusPublished
Cited by57 cases

This text of 315 F.3d 206 (United States v. Albert M. Lee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Albert M. Lee, 315 F.3d 206, 60 Fed. R. Serv. 155, 2003 U.S. App. LEXIS 131, 2003 WL 42447 (3d Cir. 2003).

Opinion

OPINION OF THE COURT

WARD, District Judge.

This is an appeal from the district court’s judgment imposing a condition of supervised release, which requires appellant to submit to' random polygraph examinations at the discretion of the probation officer. Because we conclude that the condition does. not. violate appellant’s Fifth Amendment right and the district court did not abuse its discretion in imposing the polygraph condition, we affirm the judgment of the district court.

I. BACKGROUND

Appellant Albert Lee was arrested on February 15, 2000 for knowingly transporting child pornography by computer. On March 14, 2000, he was charged in a two-count indictment, alleging transportation of child pornography, in violation of 18 U.S.C. § 2252A(a)(l) & (b)(1), and posséssion of child pornography, in violation of 18 U.S.C. §’2252A(a)(5)(B) & (b)(2).' The Grand Jury returned a second indictment on March 28, 2000, charging Lee with travel for purposes of having sex with a minor, in violation of 18 U.S.C. § 2423(b), and enticing a minor by computer to engage in sex, in violation of 18 U.S.C. § 2422(b). On April 11, 2000, the ■ Grand Jury returned a three-count indictment, superced-ing the original indictment returned on March 14, 2000. The superceding indictment charged Lee with transportation of child pornography; possession of child pornography; and enticing a minor by computer to engage in sex.

On November 30, 2000, pursuant to a plea agreement, Lee pleaded guilty to all three counts in the superceding indictment returned on April 11, 2000, and Count One of the indictment returned on March 28, 2000 (travel for purposes of having sex with a minor).

At the time Lee committed the offenses involved, he was over thirty years of age. He met female minors via an Internet Relay Chat channel entitled “# OÜÜÜÜGirl- *210 sandOlderGuys.” Through online conversations, Lee met a fifteen-year old girl; he later met her in person and engaged in sexual acts with her. He also attempted to meet other minors online in order to induce them to perform sexual acts with him. In addition, Lee transmitted child pornography online.

The district court committed Lee to the Federal Correctional Institution in Peters-burg, Virginia for a psychological evaluation to assist the court in sentencing. An evaluation was conducted on May 15, 2001 and a report was mailed to the court on May 21, 2001. On July 25, 2001, the district court advised the parties that it was considering an upward departure with respect to Lee’s sentence. Lee had Doctor Timothy P. Foley perform a psychological evaluation on September 14, 2001, the results of which were provided to the court. The district court informed the parties on October 31, 2001 that it was still considering an upward departure.

On the sentencing date, December 11, 2001, the parties executed an Addendum to Memorandum of Plea Agreement, stipulating to increase the offense level for transportation of child pornography by two points to Level 23. Inasmuch as appellant’s Criminal History Category was I, the Guideline Sentencing Range was 46 to 57 months. Lee was sentenced to 57 months of incarceration on Count One, and 46 months each on Counts Two and Three of the superceding indictment and Count One of the indictment returned on March 28, 2000, all terms to be served concurrently. Upon release from imprisonment, Lee was to be on supervised release for a term of three years. The court set additional conditions of supervision, one of which was the following: “The defendant shall submit to random polygraph examination, examination to be administered by a certified examiner, at the direction and discretion of the United States Probation Officer.” (Appendix at A-8). Lee appeals this particular condition of supervised release. 1

II. JURISDICTION AND STANDARD OF REVIEW

The district court had jurisdiction pursuant to 18 U.S.C. § 3231, which grants the district courts jurisdiction over all offenses against the laws of the United States. We have jurisdiction to review the district court’s judgment pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). The district court’s decision to impose conditions of supervised release is reviewed for abuse of discretion. United States v. Loy, 237 F.3d 251, 256 (3d Cir.2001).

III. DISCUSSION

A. Constitutionality of the Polygraph Condition

1. Fifth Amendment Privilege Against Self-Incrimination

Appellant argues that the polygraph condition of supervised release violates his *211 Fifth Amendment right due to the potential for self-incrimination. According to Lee, the examiner could ask the appellant about prior uncharged offenses or other potentially incriminating conduct. Thus, Lee claims that the mandatory polygraph examination would place him in a situation in which he would be compelled to incriminate himself by providing the government with information that could be used against him. The government, on the other hand, contends that the Fifth Amendment provides no protection against answering questions when the answers pose no realistic threat of future criminal prosecution,, even if the answers could serve as the basis for a revocation of supervised release for an offense on which appellant has already been convicted.

In pertinent part, the Fifth Amendment provides that no person “shall be compelled in any criminal case to be a witness against himself.” The Supreme Court addressed the issue of the Fifth Amendment as it relates to a probationer in Minnesota v. Murphy, 465 U.S. 420, 104 S.Ct. 1136, 79 L.Ed.2d 409 (1984), and reiterated that the Fifth Amendment privilege applies not only at criminal trials, but “in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate [the defendant] in future criminal proceedings.” Id. at 426, 104 S.Ct. 1136 (citation omitted).

In Murphy, the Court examined the level of compulsion inherent in the relationship between a probation officer and a defendant. 2 According to the Court, the general obligation to appear at a probation interview and answer questions truthfully did not in and of itself transform the defendant’s otherwise voluntary statements into compelled ones.

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Cite This Page — Counsel Stack

Bluebook (online)
315 F.3d 206, 60 Fed. R. Serv. 155, 2003 U.S. App. LEXIS 131, 2003 WL 42447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-albert-m-lee-ca3-2003.