[Copyrighted Material Omitted]
Appeal from the United States District Court for the Eastern District of Oklahoma. (D.C. No. 6:12-CR-00039-RAW-1).
Carl Folsom III, Assistant Federal Public Defender (Julia L. O'Connell, Federal Public Defender; and Robert Ridenour, Assistant Federal Public Defender, with him on the briefs), Eastern District of Oklahoma, Muskogee, Oklahoma, for Defendant-Appellant.
Douglas Edward Snow, Assistant United States Attorney (Mark F. Green, United States Attorney; and Linda A. Epperley, Assistant United States Attorney, with him on the brief), Eastern District of Oklahoma, Muskogee, Oklahoma, for Plaintiff-Appellee.
Before GORSUCH, SEYMOUR, and PHILLIPS, Circuit Judges.
SEYMOUR, Circuit Judge
Jeffery Dewayne Morrison, Sr., pled guilty to one count of possession of certain material involving the sexual exploitation of minors in violation of 18 U.S.C. § § 2252(a)(4)(B) and (b)(2) and was sentenced to 120 months. He appeals his sentence, arguing that it is procedurally unreasonable. He further claims the district court erred by imposing special conditions of supervised release, including a ban on the use of a camera and the internet. We affirm.
In November 2010, law enforcement agents started investigating Mr. Morrison when he emailed files containing child pornography to an undercover agent. In March 2011, after confirming Mr. Morrison's identity, local law enforcement executed a search warrant at his residence in Poteau, Oklahoma. Mr. Morrison consented to a search of both his laptop and desktop computers and then admitted to regularly downloading child pornography and saving it on his computers. Through forensic analysis, the FBI subsequently discovered over 20,000 images depicting child pornography on Mr. Morrison's computers, including images of children between five and fourteen depicting actual penetration of children by adults and 53 previously identified victims.
In July 2012, a grand jury in the Eastern District of Oklahoma indicted Mr. Morrison on two counts: possession of material involving the sexual exploitation of minors in violation of 18 U.S.C. § § 2252(a)(4)(B) and (b)(2), and distribution of similar material in violation of 18 U.S.C. § § 2252(a)(2) and (b)(1). Mr. Morrison filed a motion for a competency hearing, and he was determined competent to stand trial after a psychological evaluation and a hearing. He then entered a guilty plea to count one.
The Presentence Investigative Report (PSR) calculated Mr. Morrison's total offense level at 30. Under U.S.S.G. § 2G2.2, he received a base offense level of 18 and the following enhancements: a two-level increase pursuant to § 2G2.2(b)(2) for possession of material involving a prepubescent minor; a two-level increase pursuant to § 2G2.2(b)(3)(F) for distribution of child pornography to an undercover law enforcement agent; a four-level increase pursuant to § 2G2.2(b)(4) for possession of sadistic images or masochistic depictions; a two-level increase pursuant to § 2G2.2(b)(6) for use of a computer; and a five-level increase pursuant to § 2G2.2(b)(7)(D) for the quantity of images possessed. He also received a three-level reduction for his plea and acceptance of responsibility pursuant to § § 3E1.1(a) and (b).
Based on his prior convictions, Mr. Morrison's criminal history score placed him in Category III, resulting in a recommended Guidelines range of 121 to 151 months. However, because the statutory maximum sentence of 120 months, 18 U.S.C. § 2252(b)(2), is less than the Guideline range, under § 5G1.1(a) the statutory
maximum of 120 months became the Guideline term of ...