Sentence, Supervised Release Conditions Affirmed in Child Porn Case

US v. Morrison, No.13-7051 (ED Okla), 11/13/14 - Published. Child porn case in which defendant, who had over 20,000 images on his computer, got stat max of 120 months and appealed procedural reasonableness of the sentence and conditions of supervised release. Held: (1) no procedural error where district court refused to vary downward based on policy disagreement with the child porn guidelines; (2) no procedural error in imposing two-level increase for use of a computer. The court was free to agree with defendant on these points, but simply chose not to and explained, albeit briefly, why it thought the sentence was reasonable; (2) challenge to ban on use of computers without permission of the PO was waived, where defendant argued that the ban would serve to deter, and thus made a conscious choice not to challenge the ban, but rather tried to turn it to his advantage; (3) ban on use of cameras without permission of the PO was OK, even though defendant did not use a camera to amass his collection. Having 20,000+ images means defendant might use a camera to record CP in the future and besides, he can always ask the PO for permission to use a camera.