USA v. STOTERAU
The Ninth Circuit Court of Appeals today released an opinion in USA v. STOTERAU, No. 07-50124, a criminal appeal. The panel consisted of J. Clifford Wallace, Ronald M. Gould, and Sandra S. Ikuta, Circuit Judges.
IKUTA, Circuit Judge:
Joseph Stoterau pleaded guilty to transporting child pornography in violation of 18 U.S.C. § 2252A(a)(1). In this appeal, he challenges several aspects of his sentence, including the length of his term of imprisonment and several special conditions of his supervised release. We affirm in part, vacate in part, and remand. I In December 2005, Joseph Stoterau, then 26, met John Doe at a gay and lesbian support group. Doe was 14 at the time. In July 2006, Stoterau introduced Doe to the website “rentboy.com.” Stoterau explained that the site was an opportunity for the two of them to make some money. Doe agreed to allow Stoterau to take nude pictures of him. Stoterau then uploaded the photos to rentboy.com and included his own cell phone number as Doe’s contact information. When rentboy.com customers would call, Stoterau would pretend to be Doe. Stoterau would tell customers that he (Doe) would engage in whatever type of sex they wanted for $250 per hour. Stoterau would then get in contact with Doe and provide him with the customers’ details. On at least two occasions Stoterau drove Doe to locations where customers paid Doe $250 for various sex acts. After these meetings, Doe would give part of the $250 to Stoterau. Stoterau would give Doe alcoholic beverages before each meeting. On August 4, 2006, officers from Immigration and Customs Enforcement executed a search warrant at Stoterau’s residence. During the search, officers seized Stoterau’s personal computer. A subsequent search of the hard drive revealed images depicting child pornography, that is, visual depictions . . .