United States v. Wilson

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 15, 2023
• Docket: 22-10453
• Status: Unpublished

Opinion

Case: 22-10453 Document: 00516647346 Page: 1 Date Filed: 02/15/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-10453 Summary Calendar FILED ____________ February 15, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Maxwell David Wilson,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:21-CR-125-1 ______________________________

Before Higginbotham, Graves, and Ho, Circuit Judges. Per Curiam: * Maxwell David Wilson appeals his sentence for distribution of child pornography. We pretermit consideration of the applicability of the appeal waiver in his plea agreement. See United States v. De Leon, 915 F.3d 386, 289 n.2 (5th Cir. 2019).

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-10453 Document: 00516647346 Page: 2 Date Filed: 02/15/2023

No. 22-10453

Given Wilson’s history of direct sexual abuse of a child, he has not shown that the imposition of a condition of supervised release limiting his contact with minors was plain error. See Puckett v. United States, 556 U.S. 129, 135 (2009); United States v. Cabello, 33 F.4th 281, 291 (5th Cir. 2022); United States v. Ellis, 720 F.3d 220, 223-24 (5th Cir. 2013). The challenged condition is not absolute, as it permits Wilson to have supervised contact with persons under the age of 18, and, with his probation officer’s permission, to work or volunteer where minors congregate and to have an intentional relationship with someone who has minor children. Cf. United States v. Duke, 788 F.3d 392, 401-03 (5th Cir. 2015). The district court’s judgment is AFFIRMED.