United States v. Warren

843 F.3d 275, 2016 U.S. App. LEXIS 21604, 2016 WL 7046638
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 5, 2016
DocketNo. 16-1492
StatusPublished
Cited by14 cases

This text of 843 F.3d 275 (United States v. Warren) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Warren, 843 F.3d 275, 2016 U.S. App. LEXIS 21604, 2016 WL 7046638 (7th Cir. 2016).

Opinion

FLAUM, Circuit Judge.

Kristopher Warren pled guilty to transporting and possessing child pornography and was sentenced to five years’ imprisonment and fifteen years’ supervised release. The district court entered an order modifying Warren’s conditions of release pursuant to 18 U.S.C. § 3583(e). Warren challenged three of the conditions, and the district court dismissed his objections. We affirm.

I. Background

Between September 18, 2003, and October 7, 2003, Warren moderated a Yahoo! Group originally named “FunFotos4all.” Warren founded this group, established its rules, and frequently changed the group’s name to evade enforcement of Yahoo! Group rules, During this time period, Warren posted to the group 117 images of child pornography, including images titled “9yococksuck[l].jpg,” “12yoBondage,jpg,” and “14yo girl-bound and gagged.jpg”; images of prepubescent and minor girls exposing their genital areas and being vaginally or orally penetrated by adult male penises; and at least one image of a prepubescent girl being anally penetrated by a minor boy. After images were posted to the group,' Warren sorted them into albums with titles such as “ForcedorTiedu-[278]*278porCrying,” “hots Toys-R-US,” and “virgin.” He also posted notices and comments to the group, including requests for “new” images of child pornography that had not been previously viewed on the Internet. The following are examples of Warren’s comments:

• On September 19, 2003: “I have changed the name, and made this a restricted group in hopes that it stays open longer. Members are now required to send 2 pictures to obtain and keep membership.”
• On September 23, 2003: “I added a ton of pics and regrouped them all so they’re easier to find. Please add a photo or two to the ‘Add new pict here’ folder and I will sort them. I think the group looks pretty good right now but we could use some more pics. I’m rejected [sic] any new members who haven’t added pics and I’ll go through the members who are dead beats later in the week. Post away!!!!”
• On September 24, 2003: “Anyone interested in young braless candid, or web cam hardcore? Please post and I’ll start a folder.”
• On September 28, 2003: “Added a ton, but need some more help on pics — the photo albums are looking good but we’re a little light in some areas. CANDID: Nips showing through shirts, swimsuits, or bras, or any personal ones, or stuff that hasn’t made the rounds and is of the right age, lets [sic] add them to our collection. FORCEDORTIEDORCRY-ING: Anyone have some good young stuff. We don’t have many crying pics yet. Any pics you want to add to the ADDNEWPICS folder would be appre-dated. GOOD WORK EVERYONE, Your moderator.”
• On September 28, 2003: “I forgot one photo album that is really weak, VIRGINS. People have been sending me a lot of requests so please send in your pics. Anything with unbroken hymens, or popping a cherry for the first time is good. Nothing will be rejected.”
• On September 30, 2003: “Real High school girls age 14-17. No pictures that have made their way around the internet. The pics must be very sexy and will be deleted if they are not. Send a few to join.”

In February 2004, agents executed a search warrant at Warren’s residence and seized his computer. A partial review of the images on Warren’s computer revealed 263 images and one video of child pornography, 136 images of child erotica, 297 images of subjects of an undetermined age engaging in sexually explicit conduct, and 949 images of adult pornography. During his interview with the FBI, Warren admitted that he was part of the forum and that the child pornography on the computer belonged to him.

From the time of his confession until 2009, Warren attended therapy, moved back to his hometown in Wisconsin, and avoided further legal trouble. In March 2009, Warren was charged with transportation of child pornography, in violation of 18 U.S.C. § 2252(a)(2), and possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B), in the Central District of California. Warren pled guilty in July 2009.1

[279]*279In February 2010, Warren was sentenced to five years’ imprisonment and fifteen years’ supervised release.2 Prior to sentencing, the government alleged that Warren’s computer had also revealed his perusal of websites about drugging people, and photos of adult women, including his then-girlfriend, sleeping or otherwise unconscious and in various states of undress. Warren denied ever drugging or assaulting anyone, his then-girlfriend stated that the photos of her sleeping had been taken consensually, and Warren was never charged with any crime related to the pictures. The sentencing judge did not address the matter.

During his five-year prison term, Warren tutored inmates, started a Sex Addicts Anonymous group, and became involved in “Life Connections,” a Christian residential-reentry preparation program. Warren also requested relocation of his supervision to the Western District of Wisconsin. His request was later approved, and at the end of his prison term, Warren returned to Wisconsin. The Madison, Wisconsin probation office petitioned the court to modify Warren’s conditions of supervised release to match the office’s standard language and to add conditions that the office generally requests in “sex offender” cases. These conditions included, in relevant part, (1) a travel condition, (2) a no-contact-with-minors condition, and (3) a polygraph condition. The judge appointed counsel for Warren, and on June 22, 2015, Warren filed a brief objecting to the proposed changes. During the hearing and mediation process leading up to the district court’s final decision, the parties stipulated with respect to the polygraph condition that Warren’s treatment provider had not requested polygraph testing; rather, the probation office would secure a polygraph examiner, in part for use in monitoring Warren’s compliance with supervision, and if probation thought the information provided during a polygraph exam might be relevant to treatment, they would pass that information along.

On February 23, 2016, after briefing by the parties and a hearing, the court issued an opinion and order on the defendant’s conditions of supervised release, which included the following conditions:

Standard Condition No. 1: Defendant shall not leave the judicial district in which defendant is being supervised without the permission of the court or probation officer.
Special Condition No. 4: Not associate with any person under the age of 18 or have verbal, written, telephonic, or electronic communication with any such person, except with the express permission of the minor’s parent or legal guardian and the supervising U.S. probation officer. This provision does not include persons under the age of 18, such as wait[280]*280ers, cashiers, ticket vendors, etc., with whom defendant must deal in order to obtain ordinary and usual commercial services.
Special Condition No.

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Bluebook (online)
843 F.3d 275, 2016 U.S. App. LEXIS 21604, 2016 WL 7046638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-warren-ca7-2016.