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United States v. Childress

United States Court of Appeals, Sixth Circuit

October 30, 2017

United States of America, Plaintiff-Appellee,
v.
Blake Childress, Defendant-Appellant.

          Argued: October 3, 2017

         Appeal from the United States District Court for the Eastern District of Tennessee at Greeneville. No. 2:12-cr-00071-1-J. Ronnie Greer, District Judge.

         ARGUED:

          Laura E. Davis, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant.

          Timothy C. Harker, UNITED STATES ATTORNEY'S OFFICE, Greeneville, Tennessee, for Appellee.

         ON BRIEF:

          Laura E. Davis, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant.

          Timothy C. Harker, UNITED STATES ATTORNEY'S OFFICE, Greeneville, Tennessee, for Appellee.

          Before: CLAY, ROGERS, and SUTTON, Circuit Judges.

          OPINION

          CLAY, Circuit Judge.

          Defendant Blake Childress appeals the district court's order imposing a special condition of supervised release pursuant to 18 U.S.C. § 3583, following his federal conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and state court convictions for incest and aggravated assault. For the reasons set forth below, we AFFIRM.

         BACKGROUND

         In 2012, Defendant pleaded guilty to being a convicted felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). On April 15, 2013, Defendant was sentenced to 41 months' imprisonment and three years of supervised release. At the time of sentencing, Defendant had a pending incest charge in Tennessee state court relating to inappropriate sexual contact with his minor half-sister. See State v. Childress, No. E2014-02142-CCA-R3-CD, 2015 WL 7575328, at *1-3 (Tenn. Crim. App. Nov. 25, 2015). After his federal sentencing, Defendant was tried and convicted on the incest charge. Id. at *1. On appeal, the Tennessee Court of Criminal Appeals reversed the conviction for a Miranda violation and remanded the case for a new trial. Id. at *9, *13.

         While Defendant's new state case was pending, the Probation Office petitioned the district court for two modifications to Defendant's special conditions of supervised release. The first was that Defendant was to have "no direct or third party contact, by any means available to him/her with any victim(s) of a sex offense committed by the defendant;" the second required Defendant to "submit to ...


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