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United States v. Goettsch

United States Court of Appeals, Eighth Circuit

February 10, 2016

United States of America, Plaintiff - Appellee
v.
Craig Goettsch, Defendant - Appellant

Submitted January 11, 2016

Appeal from United States District Court for the Western District of Arkansas - Fayetteville.

For United States of America, Plaintiff - Appellee: Dustin S. Roberts, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Western District of Arkansas, Fort Smith, AR; Benjamin Wulff, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Western District of Arkansas, Texarkana, AR.

For Craig Goettsch, Defendant - Appellant: Jose Alfaro, Assistant Federal Public Defender, FEDERAL PUBLIC DEFENDER'S OFFICE, Fayetteville, AR.

Craig Goettsch, Defendant - Appellant, Pro se, Fayetteville, AR.

Before MURPHY, SMITH, and BENTON, Circuit Judges.

OPINION

Page 1170

MURPHY, Circuit Judge.

Craig Goettsch pled guilty to possession of child pornography and was sentenced to 60 months imprisonment. The district court[1] also placed Goettsch on five years of supervised release and imposed a special condition restricting his use of electronic devices and the internet. Goettsch appeals seeking to vacate or modify this special condition, and we affirm.

I.

On May 12, 2013 government officers identified a computer which was engaged in the distribution of child pornography using a file sharing program on the internet. Government officials conducted an investigation and determined that Craig Goettsch owned the computer they had identified. Based on this information, the government obtained a warrant to search Goettsch's computer and his home where the computer had been located. The officers executed the search on January 21, 2014 and recovered two computers and a USB flash drive.

Officers met with Goettsch at his workplace in a conference room on January 22, 2014. When they asked Goettsch if he knew why they had executed a search warrant in his home, Goettsch replied that it probably had to do with the " child porn" on his computer. He admitted to viewing and storing child pornography for the past 10 years on his computer. A forensic examination of his laptop and USB flash drive uncovered 500 images of child pornography, 300 images of child erotica, and 100 videos of child pornography, some of which portrayed " sadistic or masochistic conduct" according to the presentence investigation report. The government charged Goettsch with four counts of receipt of child pornography and one count of possessing child pornography. See 18 U.S.C. § 2252(a)(2), (b)(1); id. § 2252A(a)(5)(B), (b)(2).

On October 2, 2014, Goettsch pled guilty to possessing child pornography, and the remaining counts were dismissed. During the sentencing hearing on January 28, 2015 the district court made an individualized inquiry into the ...


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