April 24, 2019
from the United States District Court for the Western
District of Wisconsin. No. 3:17CR00100-001 - William M.
Kanne, Hamilton, and St. Eve, Circuit Judges.
Eve, Circuit Judge.
appeal, David Tjader challenges several conditions of his
supervised release on grounds he did not raise in the
district court. Because he waived these challenges, we
purchased child pornography online from sellers in the
Philippines. He asked one seller about recordings of girls
under 14 years old being tortured, raped, or killed. His
conduct involved over 250 different pornographic images and
videos of prepubescent girls. Tjader pleaded guilty to one
count of receiving child pornography. See 18 U.S.C.
§ 2252(a)(2), (b)(1).
United States probation officer prepared a presentence
investigation report and a supervision plan. Tjader received
a copy of this plan and confirmed with the district court
that, before sentencing, he reviewed and understood it. As
part of the plan, the probation officer proposed the
following supervised-release terms-terms that Tjader now
challenges on appeal:
• Condition 1: Defendant shall not leave the judicial
district in which defendant is being supervised without the
permission of the Court or probation officer.
• Condition 2: Defendant ... shall ... follow the
[probation] officer's instructions ....
• Condition 11: As directed by the probation officer,
defendant shall notify third parties of risks that may be
occasioned by defendant's criminal record or personal
history or characteristics ....
• Condition 12: Provide the supervising U.S. probation
officer any and all requested financial information,
including copies of state and federal tax returns.
• Condition 16: As approved by the supervising U.S.
Probation Officer, undergo psychosexual evaluations, which
may involve use of polygraph examinations. Defendant shall
participate in an outpatient sex offender counseling program
if recommended by the evaluator, ....
• Condition 17: Not meet or spend time with any person
under the age of 18 or have verbal, written, telephonic or
electronic communication with any such person .... This
provision does not include persons under the age of 18, such
as waiters, cashiers, ticket vendors, etc., with whom
defendant must deal in order to obtain ordinary and usual
• Condition 18: Not work in any occupation, business or
profession, or participate in any volunteer activity where he
has access to children under the age of 18 without the prior