Submitted: January 8, 2018
from United States District Court for the Northern District
of Iowa - Cedar Rapids
WOLLMAN, COLLOTON, and BENTON, Circuit Judges.
COLLOTON, CIRCUIT JUDGE.
Stelmacher pleaded guilty to possession of a firearm as an
unlawful user of a controlled substance, in violation of 18
U.S.C. § 922(g)(3). The district courtsentenced him to
31 months' imprisonment and three years of supervised
release. The district court imposed several conditions of
supervised release and twice revoked Stelmacher's
supervised release based on violations. Stelmacher appeals
the court's imposition of two conditions that limited his
freedom to have contact with his minor daughter and the
daughter's mother. We conclude that the conditions were
reasonably related to the relevant sentencing factors and
were reasonably necessary restrictions on Stelmacher's
liberty, so we affirm.
of Stelmacher's sentence in August 2012, the district
court imposed a term of supervised release and ordered
Stelmacher to comply with several standard conditions of
supervision. One standard condition forbade Stelmacher to
associate with convicted felons without prior permission from
a probation officer.
court also imposed special conditions based on
Stelmacher's prior conviction in 2007 for fourth-degree
sexual assault involving a minor. One condition prohibited
"contact with children under the age of 18 (including
through letters, communication devices, audio or visual
devices, visits, electronic mail, the Internet, or any
contact through a third party) without the prior written
consent of the probation office." At the time of
sentencing, Stelmacher had no children. In the event that he
were to father or adopt children, however, the special
condition also specified that the "U.S. Probation Office
shall work with the defendant and the defendant's family
to set up supervised communications and visits with the
defendant's biological and legally adopted
Stelmacher resided at a halfway house in 2014 before
beginning his term of supervised release, he met a convicted
felon named Hannah Walton and began a romantic relationship.
Stelmacher and Walton conceived a daughter who was born in
March 2015. These developments set up a conflict between
Stelmacher's personal life and the aforementioned
conditions of supervised release.
began his term of supervision in January 2015. Soon after,
Stelmacher violated several conditions of release; two
violations were based on unapproved contact with Walton, a
convicted felon, and with his minor daughter. He also failed
to participate in substance abuse testing, failed to answer a
probation officer's inquiries truthfully, and consumed
court revoked Stelmacher's supervised release and
sentenced him to eight months' imprisonment and two years
of supervised release. The court reimposed the special
condition that prohibited unsupervised contact with minor
children, and imposed a new special condition prohibiting
Stelmacher from having any direct or indirect contact with
began his second term of supervised release in December 2016.
While on supervision, Stelmacher moved for modification of
the two special conditions relating to Walton and minor
children. He also contacted the probation office to request
contact with his daughter. The probation office was in the
process of arranging supervised visitation with the daughter
when Stelmacher again violated the terms of his release.
Stelmacher also was scheduled for a sex offender program
intake assessment and polygraph testing on January 31, 2017,
but he was unable to keep the appointment after he was
arrested for the supervised release violations.
February 2017, the court held a revocation hearing to
consider both the most recent alleged violations and the
motion to modify the special conditions. Stelmacher admitted
that he committed seven different violations of his
conditions of supervision between January 18 and January 20,
including unauthorized contact with Walton and his daughter.
The court denied Stelmacher's motion for modification and
sentenced him to 10 months' imprisonment and one year of
supervised release. The court reimposed the same special