After the test was completed, the two went into a storage facility next to his classroom where the student performed a sex act on Smith, Fillipitch said. The district court imposed, without stating a reason on the record, a special condition of supervised release that prevented him from any future work in the banking industry. During those conversations, Smith sent the student nude photos.
Second, the district court explained that the restriction from pornography and sexually- stimulating performances was based on the fact that Smith admitted to viewing pornography for the last 20 years and the vast amount of pornography, particularly child pornography, that was involved in this case. Plain error occurs only in exceptional circumstances that lead directly to a miscarriage of justice. Smith argues this restriction is unwarranted because he was never found with any hard copies of child pornography. Additionally, evidence to support the restrictions is clearly found in the record. During those conversations, Smith sent the student nude photos. See Inman, F. According to prosecutors, Smith allowed the student to perform a sex act on him after providing the student with answers to tests and taking a test for her in early February. The district court ordered Smith to participate in mental health and substance abuse treatment, submit to periodic drug and alcohol testing, and to inform the court about his prescription medications without stating its reasons on the record. Furthermore, Smith was unable to confirm he was not addicted to his pain medications. Most notably, Smith has pled guilty to a more serious and pervasive crime - distributing child pornography, the restriction will not bar contact with his child, and the district court provided an explanation to support its reasoning. Brian Smith, 33, pleaded guilty to one count of criminal sexual assault stemming from an incident in early involving a year-old student at Plainfield Central High School where Smith was a teacher. Furthermore, in Doyle, the court recognized that forbidding an individual from possessing pornography or calling a phone-sex number might aid in the rehabilitation of an individual who pled guilty to the distribution of child pornography. In their conversations, Smith used a fake name and claimed he was a friend of Smith's. Suspecting the person she was communicating with was Smith, the student approached him in school. She noted that Smith admitted to the claims when confronted by authorities. Smith maintains that the search element of the aforementioned restriction is unnecessary because there is already a search and seizure special condition in place under his supervised release, permitting his probation officer to search any device based on reasonable suspicion that Smith has violated one of his conditions of release. After the test was completed, the two went into a storage facility next to his classroom where the student performed a sex act on Smith, Fillipitch said. Unlike the situation in Inman, the district court provided a specific reason for the restriction - to ensure that Smith was not violating his release restrictions by attempting to impermissibly subscribe to or access pornography. However, the aforementioned conditions are directly related to protecting the public and assisting the rehabilitation process. Several of the special conditions that Smith argues the district court failed to explain are adequately supported on the record contrary to his contentions. The two then started conversing on another online site, Fillipitch said. Moreover, a sentencing error does not affect substantial rights unless a reasonable probability exists that the defendant would have received a more favorable sentence in absence of the error. Brian Smith, 33, pleaded guilty to one count of criminal sexual assault stemming from an incident in early involving a student, who was 17 years old at the time. He asked the student if she knew how to get a good grade in Smith's class and if she thought her teacher was sexy, Fillipitch said. We held that remand was unnecessary even though the district court failed to state its reasoning because the error was harmless.
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