18-3735 United States v. Haverkamp 1 In the 2 United States Court of Appeals 3 For the Second Circuit 4 5 August Term 2019 6 7 No. 18-3735-cr 8 9 UNITED STATES OF AMERICA, 10 11 Appellee, 12 13 v. 14 15 PAUL HAVERKAMP, 16 17 Defendant-Appellant. 18 _______________________________ 19 20 Appeal from the United States District Court 21 for the Southern District of New York 22 No. 1:17-cr-00509, Ronnie Abrams, District Judge, Presiding. 23 (Argued: December 11, 2019; Decided: May 4, 2020) 24 25 26 Before: 27 SACK, PARKER, and CHIN, Circuit Judges. 28 29 Appeal from a judgment of the United States District Court for the 30 Southern District of New York (Abrams, J.), sentencing defendant-appellant, 31 upon his guilty plea, to 121 months of imprisonment, five years of supervised 32 release, a $200 special assessment under 18 U.S.C. § 3013, and a $10,000 33 assessment under 18 U.S.C. § 3014. Defendant-appellant contends that his 1 sentence of 121 months is substantively unreasonable, that the district court erred 2 in imposing the $10,000 special assessment, and that a computer monitoring 3 condition of his supervised release was overbroad. 4 5 6 AFFIRMED IN PART, VACATED IN PART, AND REMANDED 7 ____________________________ 8 9 10 ALINE R. FLODR, Assistant United States Attorney 11 (Daniel B. Tehrani, Assistant United States 12 Attorney, on the brief) for Geoffrey S. Berman, 13 United States Attorney for the Southern District 14 of New York, for Appellee. 15 16 YUANGCHUNG LEE 17 Federal Defenders of New 18 York, Inc. Appeals Bureau, 19 New York, NY, for Defendant- 20 Appellant. 21 ____________________________ 22 23 24 BARRINGTON D. PARKER, Circuit Judge: 25 Paul Haverkamp appeals from a judgment of conviction entered in the 26 United States District Court for the Southern District of New York (Abrams, J.). 27 The judgment followed a plea of guilty to one count of distribution and receipt of 28 child pornography in violation of 18 U.S.C. §§ 2252A(a)(2)(B), 2252A(b)(1) and 29 one count of possession of child pornography in violation of 18 U.S.C. §§ 2 1 2252A(a)(5)(B), 2252A(b)(2). Haverkamp was sentenced to 121 months of 2 imprisonment, to be followed by five years’ supervised release. In addition, the 3 district court imposed a $200 mandatory special assessment under 18 U.S.C. § 4 3013 as well as a $10,000 assessment under 18 U.S.C. § 3014. One of the 5 conditions of supervised release required that Haverkamp submit to computer 6 monitoring that will alert the Probation Office should any “impermissible or 7 suspicious activity” occur on an internet-connected device he might be using. 8 On appeal, Haverkamp challenges his term of imprisonment as 9 substantively unreasonable, the $10,000 special assessment as legally 10 impermissible, and the computer monitoring condition of his supervised release 11 as overbroad. For the reasons set forth below, we affirm the sentence in part, 12 vacate in part, and remand for further proceedings consistent with this opinion. 13 BACKGROUND 14 From approximately March 17, 2017 through April 23, ...
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