Noel Aquino-Florenciani v. United States
Whether the court's imposition of a total ban of internet access as a condition of supervised release is an overly broad and restrictive and without a compelling justification
The district court abused its discretion when it used the child pornography guidelines in determining Petitioner's sentence. Because the child pornography guidelines operate so that almost all first-time offenders receive guideline sentences at, near or extending beyond the statutory maximum, use of the guidelines to fashion a just and fair sentence is unreasonable and an abuse of the sentencing court's discretion
Whether the court's imposition of a total ban of internet access as a condition of supervised release is an overly broad and restrictive and without a compelling justification