United States District Court, D. Rhode Island
MEMORANDUM AND ORDER
William E. Smith Chief Judge
the Court is Defendant Peter Hines's Motion To Modify
Supervised Release Conditions (ECF No. 65) (“Def.'s
Mot.”), in which Defendant seeks to modify Special
Conditions 8, 12, and 16 of his supervised release.
of background, Defendant pleaded guilty to possessing with
intent to view materials containing visual depictions of
sexual conduct involving minors in December 2012. (Am. J. 1,
ECF No. 35.) The Court (Lisi, C.J.) sentenced him to twelve
months and one day in prison, ten years' supervision, and
imposed special conditions for his release. (Id. at
2-4.) After serving his original sentence, Defendant violated
the terms of his supervised release numerous times.
(See R. & R. 4-6, 14-15, ECF No. 58 (recounting
Defendant's history of supervised release violations).)
Accordingly, the Court modified the conditions of his release
after each violation. (Id. at 4-5.) Defendant now
seeks to modify the special conditions imposed following his
most recent violations. (See J. 1-2, 6-7, ECF No.
61.) For the foregoing reasons, the Court DENIES
Defendant's Motion and ACCEPTS the Government's
proposed modifications to Special Conditions 7 and 8.
Special Condition 8 requires Defendant, among other things,
to “submit to unannounced examination of his computer
or other electronic equipment.” (J. 6.) Defendant seeks
to modify the condition, arguing that it is an unqualified
search condition that requires reasonable suspicion.
(Def.'s Mot. 4-5.) The Government opposes Defendant's
proffered modification. Instead, to eliminate confusion, it
proposes clarifying that Special Condition 8 is a monitoring
condition and modifying Special Condition 7,  a electronic
devices, and failing to register by providing a false
address, Special Condition 12 is a reasonable restriction.
See United States v. DaSilva, 844 F.3d 8, 11-13 (1st
Cir. 2016); (R. & R. 4-6, 14-15). Special Condition 12 is
further reasonable because it provides that Probation may
permit Defendant to reside with his own children. See
DaSilva, 844 F.3d at 13-14; United States v.
Mercado, 777 F.3d 532, 539 (1st Cir. 2015); (J. 6).
Indeed, Probation has allowed this. (R. & R. 17.)
Therefore, Defendant's proposed modification to Special
Condition 12 is denied.
Condition 16 prohibits Defendant from accessing and using
electronic devices that can, among other things, link to a
computer network or the internet, unless preapproved by his
probation officer. (J. 7.) In essence, Special Condition 16
prohibits Defendant's use of the internet, which is a
severe imposition upon modern life. See United States v.
Hinkel, 837 F.3d 111, 126 (1st Cir. 2016). While such a
heavy restriction requires careful consideration, Special
Condition 16 is reasonable because Defendant used a computer
and the internet to commit the underlying child-pornography
offense, he has repeatedly violated supervised-release
conditions related to accessing and using such devices to
view pornography, and Defendant's use of adult
pornography was deemed a trigger for accessing child
pornography when the Court imposed the ban on accessing
pornography as part of Defendant's original sentence.
See id. at 126; see also United States v.
Stergios, 659 F.3d 127, 134 (1st Cir. 2011); cf.
United States v. Ramos, 763 F.3d 45, 60-63 (1st Cir.
2014); (R. & R. 4- 6, 14-15). Moreover, Defendant may
seek preapproval for accessing and using these types of
devices from his probation officer. See Hinkel, 837
F.3d at 126. Special Condition 16 is a reasonable condition
of supervised release given Defendant's underlying
offense, history of violating this type of prohibition,
history of accessing child pornography by viewing adult
pornography, and probation's discretion to preapprove his
use of such devices. Thus, Defendant's proposed
modification for Special Condition 16 is denied.
the Court modifies Special Conditions 7 and 8 of
Defendant's Supervised Release as set forth in the
Government's Objection to Defendant's Motion To
Modify the Conditions of Pretrial Release (ECF No. 68) and
DENIES Defendant's Motion To Modify Supervised Release
Conditions (ECF No. 65) . IT IS SO ORDERED.
 The Government proposes replacing
Hines's Special Condition 8 with the following:
The defendant must submit to unannounced monitoring of
his computer or other electronic equipment by the probation
officer, who may be accompanied by either local, state, or
federal law enforcement authorities. In addition, the
defendant must allow, at the discretion of the probation
officer, installation on defendant's ...