United States v. Gerald Hill

Good Law
487 F. App'x 355
United States Court of Appeals for the Ninth CircuitOctober 23, 201212-30053California372 words

Opinion

Opinion

MEMORANDUM

Gerald T. Hill appeals the special conditions of supervised release imposed by the district court, when Hill violated the terms and conditions of his prior supervised release by being convicted of promoting the prostitution of his wife. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. While Hill was originally convicted of two drug crimes and was sentenced to one hundred months in prison, the district court did not abuse its discretion in imposing special conditions 4, 5, and 6 relating to the use and search of his computer, the internet, and his cell phone. The prostitution of Hill’s wife was accomplished via the internet and with use of a cell phone. Whether or not it was proven that Hill himself used those devices in connection with the criminal conduct, the risk of such use in the future was evident and properly considered by the district court as part of an individualized assessment of Hill’s circumstances. Further, the record indicates that posting victims of human trafficking or prostitution on various internet websites by using cell phones or laptops is the current method being used to promote such conduct. Thus, we cannot say that the district…

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