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United States v. Tjader

United States Court of Appeals, Seventh Circuit

June 12, 2019

United States of America, Plaintiff-Appellee,
v.
David Tjader, Defendant-Appellant.

          Argued April 24, 2019

          Appeal from the United States District Court for the Western District of Wisconsin. No. 3:17CR00100-001 - William M. Conley, Judge.

          Before Kanne, Hamilton, and St. Eve, Circuit Judges.

          St. Eve, Circuit Judge.

         In this 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 affirm.

         Tjader 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).

         A 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 commercial services.
• 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 ...

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