Interesting D.C. Circuit Dissent Regarding Computer Monitoring for Jan. 6 Trespasser
In U.S. v. Goodwyn, decided Tuesday, Judges Florence Pan and Bradley Garcia denied an emergency motion to stay the decision below, on the grounds that:
Appellant has not satisfied the stringent requirements for a stay pending appeal. See Nken v. Holder, 556 U.S. 418, 434 (2009); D.C. Circuit Handbook of Practice and Internal Procedures 33 (2021).
Judge Gregory Katsas dissented:
This appeal involves computer monitoring imposed as a special condition of supervised release for a defendant convicted of wrongfully entering the United States Capitol on January 6, 2021. Daniel Goodwyn pleaded guilty to one count of knowingly entering or remaining in a restricted building or grounds, in violation of 18 U.S.C. § 1752(a)(1). Goodwyn entered the Capitol and remained inside for a total of 36 seconds. He did not use force to enter, did not assault police officers, and neither took nor damaged any government property. When police instructed Goodwyn to leave the building, he did so.
The district court sentenced Goodwyn to 60 days of imprisonment followed by a one-year term of supervised release. As a special condition of supervised release, the court sua sponte ordered the probation office to monitor Goodwyn’s computers for the transmittal of “disinformation” about January 6. To enforce this condition, the court further required the installation of software on Goodwyn’s computers that would enable the probation office to conduct “periodic unannounced searches.”
On appeal, this Court vacated the condition. We held that “[t]he district court plainly erred in imposing the computer-monitoring condition without considering whether it was ‘reasonably related’ to the relevant sentencing factors a
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