United States v Ullmann

Ullmann appealed a restriction on use of computers or the Internet in his conditions of supervised release. The panel affirmed. It noted that the condition on its face could be read as a complete ban on computer and the Internet which was unlawful. Under circuit precedent and further noted that the Internet is far more important in society than it was 14 years ago when such bans were prohibited. However, because the district court orally clarified that the condition only restricts use of devises with Internet access and those restrictions are designed to monitor use, the condition survives review. The panel noted the provision is apparently a model condition which the probation department intends to use in all sex offender cases and advised that clarifying language be added to avoid reversals in the future. The apneal finally held that the condition does not unlawfully delegate authority to the probation office as the district court oral pronouncement sets the bounds of the restrictions and merely uses the probation office to carry out its instructions.