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In a summary order, the Second Circuit vacates a district court’s judgment imposing a complete ban on internet use, as a condition of supervised release. The Circuit concludes that it’s “substantively unreasonable” to impose such a ban on someone whose offense involved child pornography, and no evidence suggested he “is likely to seek out children on social media or prey on them in reality.” United States v. Gonyea, Nos. 22-1722-cr, 22-1727-cr (2d Cir. Nov. 13, 2023) (C.J.J.’s Jacobs, Lohier, Lee) (“Summary Order”).
14 Nov 2023, 2:30 pm by Darrell Fields
” United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
District Court Erred in Excluding Evidence Going to an Element of the Offense
29 Feb 2016, 11:40 am by Cathi Adinaro
Kimes, 246 F.3d 800 (6th Cir. 2001) and United States v. [read post]
Sixth Circuit Blog - http://circuit6.blogspot.com/
Inmate can sue for retaliation in Quran case
29 Sep 2013, 5:53 am by Second Circuit Civil Rights Blog
Gonyea, a summary order issued on September 10. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Recent Prisoner Free Exercise Cases
15 Sep 2013, 9:28 am by Howard Friedman
Gonyea, (2d Cir., Sep. 10, 2013), the 2nd Circuit held that RLUIPA does not provide a cause of action for damages against state officials in their individual capacities because the legislation was enacted pursuant to Congress’ spending power that allows the imposition of conditions, such as individual liability, only on those actually receiving the state funds. [read post]
Religion Clause - http://religionclause.blogspot.com/
Circuit declines en banc review in no-fly religion case
18 Feb 2019, 8:01 am by Second Circuit Civil Rights Blog
Gonyea, 731 F.3d 143 (2d Cir. 2013). [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/