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United States v. Duke

United States Court of Appeals for the Fifth Circuit
788 F.3d 392 (2015)

Written by Alex Ruskell, JD

Facts

Elliot Duke (defendant) pleaded guilty to the receipt of child pornography on his computer. The district court sentenced Duke to prison and then supervised release, where he was given the special condition of an unconditional lifetime ban on accessing computers capable of Internet access. Duke appealed to the United States Court of Appeals for the Fifth Circuit, arguing that a blanket prohibition on all Internet usage is an unlawfully broad condition of his release.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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