Doyle pled guilty to one count of attempted transfer of obscene material to a minor after he emailed a photograph of his penis to a male who he thought was 15 years old. As part of his sentence, the district court prohibited Doyle from possessing a computer or internet connection device without permission of the district court. The district court subsequently denied Doyle's motion to modify this portion of his sentence. Doyle appealed, seeking IFP status and a modification of the condition. The court held that Doyle could not show that his appeal was non-frivolous, as required for IFP status, because he failed to address the district court's reasoning for the computer prohibition or acknowledge the role that the computer and internet played in his offense. The court accordingly denied Doyle's request for IFP status and dismissed his appeal. The court also denied Doyle's motion to modify conditions of supervised release because he first had to make this motion in the district court.
United States v. Doyle, 5th U.S. Circuit Court of Appeals, No. 15-10549, 4/7/17.
|April 21, 2017
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