United States v. Timothy Olson ( 2024 )

USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 1 of 17
PUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-4564
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
TIMOTHY SCOTT OLSON,
Defendant – Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Robert J. Conrad, Jr., District Judge. (3:18-cr-00233-RJC-DCK-1)
Argued: March 19, 2024 Decided: August 20, 2024
Before KING, THACKER, and RUSHING, Circuit Judges.
Affirmed by published opinion. Judge Rushing wrote the opinion, in which Judge King
and Judge Thacker joined.
ARGUED: Jonathan D. Byrne, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Charleston, West Virginia, for Appellant. Anthony Joseph Enright, OFFICE OF THE
UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. ON BRIEF:
Wesley P. Page, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC
DEFENDER, Charleston, West Virginia; S. Frederick Winiker, III, WINIKER LAW
FIRM, PLLC, Charlotte, North Carolina, for Appellant. Dena J. King, United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
for Appellee.
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 2 of 17
RUSHING, Circuit Judge:
Timothy Olson used peer-to-peer software to download child pornography. After
Olson pled guilty to two child pornography offenses, the district court sentenced him to
120 months’ imprisonment and a 30-year term of supervised release, with numerous special
conditions. On appeal, Olson challenges six of those conditions, arguing that they are
substantively unreasonable. Because none of these conditions is substantively
unreasonable, we affirm.
I.
Over several months, Olson, a fifth-grade elementary school teacher, used peer-to-
peer software to download approximately 100 child pornography videos. The videos
depicted the sexual abuse of prepubescent children as young as six under titles such as “9yo
. . . pedo,preteen.mpeg.” J.A. 169. A forensic examination of Olson’s computer found
searches for “8 yo brunette,” “school and rape,” and an acronym for “preteen hard core,”
as well as for methods to hide IP addresses. J.A. 137, 170. When law enforcement
searched his home and seized his devices, Olson admitted in a recorded interview that he
had downloaded the videos and knew how peer-to-peer software worked because of his
master’s degree in information systems management. Olson was arrested and pled guilty
to knowingly transporting child pornography, in violation of 18 U.S.C. § 2252A(a)(1), and
to knowingly possessing child pornography involving a prepubescent minor or a minor
under the age of twelve, in violation of 18 U.S.C. § 2252A(a)(5)(B), (b)(2).
At sentencing, the district court calculated Olson’s recommended Guidelines range
as 151 to 188 months’ imprisonment. Olson requested a downward variance. He stressed
2
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 3 of 17
that he did not “require a longer than necessary prison sentence” because he could “benefit
from supervision” and “treatment.” J.A. 126. To support this argument, Olson submitted
and relied upon an expert report evaluating his condition. The report found that Olson had
certain “protective factors” that would “assist desistance from sexual offending” and
“contribute to a lower likelihood of recidivism.” J.A. 87 (internal quotation marks
omitted). Those factors included “Sobriety,” which the report defined as “No Excessive
Use of Alcohol/Drugs.” J.A. 87. However, the report also found that Olson had
“[v]olunteer[ed] for roles that result in high access to children,” J.A. 84, and had the same
“predicted recidivism rate for both a future non-contact and/or contact sexual offense,” J.A.
86. Summing up, the report acknowledged that Olson would have to serve time in prison
but “recommended Mr. Olson be place[d] on long-term community supervision.” J.A. 90.
The district court granted a downward variance, sentencing Olson to 120 months’
imprisonment. Discussing the 18 U.S.C. § 3553(a) factors, the district court noted “various
. . . factors that speak well” of Olson, such as his lack of criminal history and his “successful
behavior on pretrial release.” J.A. 148. Nevertheless, a “significant” sentence was
required. J.A. 148. The district court explained that child pornography is a “horrific” and
“difficult to detect crime”; that the “need for deterrence is dramatic”; that Olson, “as a
teacher of young children,” should have known the damage his crime would cause the
victims; that his “downloading activity” was “significant”; and that his “scientific
background” and “awareness of the peer-to-peer ability to share [the child pornography]
with others [made] the commission of this criminal activity more repugnant.” J.A. 149.
3
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 4 of 17
Consistent with Olson’s request for a reduced sentence combined with long-term
supervision, the district court then imposed a 30-year term of supervised release, below the
statutory maximum of lifetime supervision. The court imposed about three dozen special
conditions of supervision, most of which reflected the district’s “standard” conditions for
supervised release generally and for sex offenders in particular. To explain these
conditions, the district court “incorporate[d] by reference” the details from its discussion
of the Section 3553(a) sentencing factors. J.A. 153. Olson did not object to any of these
conditions.
II.
On appeal, Olson now challenges six of his conditions of supervised release as
substantively unreasonable. 1 Because he did not object to the conditions at the time of
sentencing, we review for plain error. See United States v. McMiller, 954 F.3d 670, 675
(4th Cir. 2020). Under that standard, Olson must show that an error occurred, it was plain,
it affected his substantial rights, and it seriously affects the fairness, integrity, or public
reputation of the judicial proceedings. Id. at 674. We first consider whether the district
court erred.
1
Olson’s previous counsel filed a brief pursuant to Anders v. California, 386 U.S.
738 (1967), stating that there are no meritorious grounds for appeal but questioning
whether the district court abused its discretion by failing to hold an evidentiary hearing on
Olson’s motion to withdraw his guilty plea. After reviewing the record, this Court ordered
supplemental briefs addressing two issues (in addition to the substantive reasonableness of
the supervised release conditions): (1) whether Olson’s guilty plea was knowing and
supported by a factual basis, and (2) whether the district court adequately explained its
reasons for imposing a 30-year term of supervised release. We have considered the original
and supplemental briefs and find no reversible error as to any of those issues.
4
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 5 of 17
We review the imposition of special conditions for abuse of discretion, recognizing
that district courts have “broad latitude” in this space. United States v. Hamilton, 986 F.3d
413, 419 (4th Cir. 2021) (internal quotation marks omitted). Under the relevant statute, 18
U.S.C. § 3583(d), district courts may impose any special condition they consider
appropriate, so long as the condition (1) is “reasonably related” to the nature and
circumstances of the offense, the history and characteristics of the defendant, and the
statutory goals of deterrence, protection of the public, and rehabilitation; (2) “involves no
greater deprivation of liberty than is reasonably necessary” to achieve those goals; and
(3) is “consistent with any pertinent policy statements issued by the Sentencing
Commission.” 18 U.S.C. § 3583(d); see also United States v. Douglas, 850 F.3d 660, 663
(4th Cir. 2017). We consider each condition in turn.
A.
Condition 8 provides: “The defendant shall not communicate or interact with any
persons engaged in criminal activity, and shall not communicate or interact with any person
convicted of a felony unless granted permission to do so by the probation officer.” J.A.
160.
Condition 8 is reasonably related to Olson’s offense. Olson knowingly used a peer-
to-peer program to download child pornography videos. “Peer-to-peer file-sharing
software enables a communal network,” United States v. Wheelock, 772 F.3d 825, 831 n.4
(8th Cir. 2014), “in which the transportation of [downloaded files] from [the user’s]
computer to other users [is] . . . the very objective of the network,” United States v. Clarke,
979 F.3d 82, 96 (2d Cir. 2020). On such networks, “any file a user has downloaded to his
5
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 6 of 17
computer is automatically accessible to others on the network.” United States v.
Morehouse, 34 F.4th 381, 392 n.9 (4th Cir. 2022) (internal quotation marks omitted).
Olson is therefore wrong to insist that his “criminal conduct involved [no] other persons”
and that he will not “reasonably return to an environment” where he could interact with
criminals. Opening Br. 22. 2 He used a communal software that made his downloaded
child pornography videos available to others engaged in the same criminal activity. Given
the nature and circumstances of his offense, restricting Olson’s interactions with felons and
persons engaged in criminal activity is reasonably related to the statutory goals of
deterrence, public safety, and rehabilitation.
Condition 8 is no greater a deprivation than is reasonably necessary to achieve these
statutory goals. Olson needs to be prevented from returning to communal criminal activity.
This condition targets the interactions necessary for such activity. Moreover, the condition
is not absolute. Olson cannot interact with anyone engaged in criminal activity, but he can
interact with convicted felons, so long as he gets permission from his probation officer.
Olson counters that the condition is broader than reasonably necessary because it lacks a
mens rea requirement. He claims the condition punishes even inadvertent interactions with
persons engaged in criminal activity. However, “probationers generally may not be
punished for inadvertent violations.” United States v. Comer, 5 F.4th 535, 544 (4th Cir.
2021) (internal quotation marks omitted). And where a condition “lacks an explicit scienter
requirement,” “we do not hesitate to read an implied knowledge requirement into the
2
References to “Opening Br.,” “Response Br.,” and “Reply Br.” refer to the second
round of supplemental briefs submitted in this case.
6
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 7 of 17
condition.” Id.; see also United States v. Linney, No. 19-4590, 2021 WL 4439161, at *4
(4th Cir. Sept. 28, 2021) (per curiam) (upholding materially identical condition).
Restricting Olson from knowingly interacting with criminals and felons is no greater a
deprivation than is reasonably necessary.
Condition 8 is also consistent with the relevant policy statements from the
Sentencing Commission. Repeating his mens rea argument, Olson claims Condition 8 is
inconsistent with the Commission’s “recommended” condition, which contains an explicit
knowledge mens rea. See U.S.S.G. § 5D1.3(c)(8) (“The defendant shall not communicate
or interact with someone the defendant knows is engaged in criminal activity. If the
defendant knows someone has been convicted of a felony, the defendant shall not
knowingly communicate or interact with that person without first getting the permission of
the probation officer.”). For the reasons previously discussed, Condition 8 has an implicit
mens rea requirement, so there is no hint of inconsistency.
Accordingly, the district court did not abuse its discretion in imposing Condition 8.
B.
Condition 13 provides: “The defendant shall refrain from excessive use of alcohol
and shall not unlawfully purchase, possess, use, distribute or administer any narcotic or
controlled substance or any psychoactive substances (including, but not limited to,
synthetic marijuana, bath salts) that impair a person’s physical or mental functioning,
whether or not intended for human consumption, or any paraphernalia related to such
substances, except as duly prescribed by a licensed medical practitioner.” J.A. 160.
7
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 8 of 17
Condition 14 requires Olson to submit to substance abuse testing and treatment if directed
to do so.
Conditions 13 and 14 are reasonably related to Olson’s offense and characteristics.
At sentencing, Olson relied upon an expert report evaluating his condition. That report
determined that Olson had certain “protective factors” that, if maintained, would “assist
desistance from sexual offending” and “contribute to a lower likelihood of recidivism.”
J.A. 87 (internal quotation marks omitted). One protective factor was “Sobriety,” defined
as “No Excessive Use of Alcohol.” J.A. 87. Olson argues that nothing in the record
suggests that he has a problem with alcohol or that his crime was precipitated by alcohol
use. But his expert report provides a “basis for believing Olson needs to be restrained from
using alcohol.” Opening Br. 25. The goals of deterrence, public safety, and rehabilitation
are served by requiring Olson to maintain one of his “protective factors” against recidivism.
Conditions 13 and 14 are no greater deprivations than are reasonably necessary. By
his own account, Olson should refrain from “Excessive Use of Alcohol.” J.A. 87. These
conditions do just that. Yet Olson now insists that the phrase “excessive use of alcohol” is
unconstitutionally vague. Vagueness challenges to special conditions of supervised release
are unlikely to succeed in our circuit. Because persons on supervised release have “three
layers of protection from the fair-notice and arbitrary-enforcement concerns animating the
void-for-vagueness doctrine,” 3 this Court will uphold a condition against a vagueness
3
Persons on supervised release (i) can “seek guidance from [the] probation officer,”
(ii) “cannot be punished for inadvertent violations,” and (iii) “can always bring an as-
applied challenge.” Comer, 5 F.4th at 544.
8
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 9 of 17
challenge unless the condition has “no core meaning,” thereby granting the probation
officer “unfettered power of interpretation.” Comer, 5 F.4th at 544 & n.7 (internal
quotation marks and emphases omitted).
“Excessive use of alcohol” has a core meaning that provides “fair notice of what
conduct is prohibited.” Id. at 544. “Excessive” here means “exceeding the usual, proper,
or normal” level of alcohol consumption. Webster’s Third New International Dictionary
792 (2002); see also, e.g., Ctrs. for Disease Control & Prevention, What is Excessive
Alcohol Use?, https://stacks.cdc.gov/view/cdc/30624/cdc_30624_DS1.pdf?download-
document-submit=Download [https://perma.cc/HFJ4-RXPF] (defining “excessive alcohol
use” as “binge drinking” and “heavy drinking”). Indeed, if “excessive use of alcohol” is
too vague, it is unclear how the district court could target this conduct. Forcing district
courts in this situation to allow all alcohol use, prohibit all alcohol use, or specify a number
of drinks per day or blood alcohol limit would risk arbitrary and overbroad conditions and
interfere with district courts’ “broad latitude” in this space. Hamilton, 986 F.3d at 419
(internal quotation marks omitted). Therefore, requiring Olson to refrain from excessive
alcohol use (and to undergo testing and treatment as directed) is neither impermissibly
vague nor a greater deprivation of liberty than is reasonably necessary.
Finally, Conditions 13 and 14 are consistent with the relevant policy statements.
The Sentencing Commission recommends two conditions when “the court has reason to
believe that the defendant is an abuser of . . . alcohol.” U.S.S.G. § 5D1.3(d)(4)
(recommending “a condition requiring the defendant to participate in a [substance abuse]
program” and “a condition specifying that the defendant shall not use or possess alcohol”).
9
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 10 of 17
Olson argues that those conditions, and the similar conditions applied here, can be imposed
only if the court has reason to believe that a defendant is a drug or alcohol abuser. But the
Commission clearly states that these conditions “are recommended in the circumstances
described and, in addition, may otherwise be appropriate in particular cases.” Id.
§ 5D1.3(d). Restricting Olson’s alcohol use and requiring testing and treatment if
warranted is appropriate in his particular case.
Accordingly, the district court did not abuse its discretion in imposing Conditions
13 and 14.
C.
Condition 16 provides: “The defendant shall submit his/her person, property, house,
residence, vehicle, papers, computers (as defined in 18 U.S.C. § 1030(e)(1)), or other
electronic communications or data storage devices or media, or office, to a search
conducted by a United States Probation Officer and such other law enforcement personnel
as the probation officer may deem advisable, without a warrant. The defendant shall warn
any other occupants that such premises may be subject to searches pursuant to this
condition.” J.A. 160.
Condition 16 is reasonably related to Olson’s offense and history. As the district
court explained, child pornography is a “difficult to detect crime” and the “need for
[detection and] deterrence is dramatic,” especially given Olson’s “scientific background”
in information systems technology. J.A. 149. Olson concedes that a search condition is
“justified by his offense and background.” Opening Br. 27; see also Reply Br. 6 (“Olson
does not argue that a search condition is unwarranted in his case.”).
10
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 11 of 17
Condition 16 is no greater a deprivation than is reasonably necessary. Olson
disagrees because Condition 16 does not require reasonable suspicion to search. “Many
courts have noted that child pornography is a difficult crime to detect [and deter] because
it occurs under a shroud of secrecy,” often in the confines of the home. United States v.
Sherman, 268 F.3d 539, 549 (7th Cir. 2001). And those detection and deterrence problems
are exacerbated by technologically savvy defendants who can conceal their activities from
law enforcement. Other circuits have thus upheld search conditions that permit probation
officers to search child pornography offenders’ property, including electronic devices, “at
any time, without a requirement of reasonable suspicion of a violation.” United States v.
Boudreau, 58 F.4th 26, 31, 33 (1st Cir. 2023) (collecting cases). This Court likewise has
assumed that “suspicionless searches [of] sex offenders” are unobjectionable. United
States v. Shepard, No. 21-4561, 2023 WL 5608089, at *3 (4th Cir. Aug. 30, 2023) (per
curiam) (internal quotation marks omitted); see also United States v. Blake, 841 Fed. App.
535, 540 (4th Cir. 2021) (per curiam). Indeed, suspicionless searches make “eminent
sense,” since “a reasonable suspicion requirement . . . would give parolees greater
opportunity to anticipate searches and conceal criminality.” Samson v. California, 547
U.S. 843, 854 (2006). Requiring child pornography offenders like Olson to submit to
suspicionless searches is therefore no greater a deprivation than is reasonably necessary. 4
4
Olson responds that the suspicionless search condition “extinguishes [his] Fourth
Amendment rights.” Opening Br. 27. However, “supervised release conditions are not
constitutionally infirm as long as they comport with 18 U.S.C. § 3583(d).” Comer, 5 F.4th
at 545 (internal quotation marks and brackets omitted).
11
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 12 of 17
Condition 16 is also consistent with the relevant policy statement. For sex
offenders, the Sentencing Commission recommends:
A condition requiring the defendant to submit to a search, at any time, with
or without a warrant, and by any law enforcement or probation officer, of the
defendant’s person and any property, house, residence, vehicle, papers,
computer, other electronic communication or data storage devices or media,
and effects upon reasonable suspicion concerning a violation of a condition
of supervised release or unlawful conduct by the defendant, or by any
probation officer in the lawful discharge of the officer’s supervision
functions.
U.S.S.G. § 5D1.3(d)(7)(C) (emphasis added). That language is clear. It “allows a search
by a probation officer ‘in the lawful discharge of the officer’s supervision functions,’ even
without reasonable suspicion.” United States v. Parisi, 821 F.3d 343, 348 (2d Cir. 2016)
(per curiam). Indeed, Condition 16 is not only consistent with this policy statement but is
also expressly authorized by Section 3583(d) itself, which allows a materially identical
condition 5 to be imposed on any felon who, like Olson, is “required to register under the
Sex Offender Registration and Notification Act.” 18 U.S.C. § 3583(d).
Accordingly, the district court did not abuse its discretion in imposing Condition
16.
5
“The court may order, as an explicit condition of supervised release for a person
who is a felon and required to register under the Sex Offender Registration and Notification
Act, that the person submit his person, and any property, house, residence, vehicle, papers,
computer, other electronic communications or data storage devices or media, and effects
to search at any time, with or without a warrant, by any law enforcement or probation
officer with reasonable suspicion concerning a violation of a condition of supervised
release or unlawful conduct by the person, and by any probation officer in the lawful
discharge of the officer’s supervision functions.” 18 U.S.C. § 3583(d) (emphasis added).
12
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 13 of 17
D.
Sex Offender Condition 8 provides: “The defendant shall not loiter within 100 feet
of any parks, school property, playgrounds, arcades, amusement parks, day-care centers,
swimming pools, community recreation fields, zoos, youth centers, video arcades,
carnivals, circuses or other places primarily used or can reasonably be expected to be used
by children under the age of eighteen (18), without prior written permission of the U.S.
Probation Officer.” J.A. 162.
Sex Offender Condition 8 is reasonably related to Olson’s offense, history, and
characteristics. Olson’s conduct was “intrinsically related to the sexual abuse of children.”
New York v. Ferber, 458 U.S. 747, 759 (1982). So the fact that he “does not have a history
of physically abusing children or loitering where there are children, does not mean that he
does not pose a future threat to children.” United States v. Gibson, 998 F.3d 415, 421 (9th
Cir. 2021). Allowing him “to go to parks and other places which cater primarily to children
for the purpose of viewing those to whom he is sexually attracted, may lead to viewing the
same kinds of material for which he stands convicted,” “interfere with sex offender
treatment,” and unnecessarily expose those children to danger. Id. (internal quotation
marks omitted). For these reasons, child pornography offenders “whose crimes involved
no physical contact with minors have been bound by anti-loitering provisions like the one
here.” United States v. Zobel, 696 F.3d 558, 575 (6th Cir. 2012) (collecting cases).
Moreover, Olson’s expert report found that Olson had a history of “[v]olunteering for roles
that result in high access to children,” J.A. 84, and had the same “predicted recidivism rate
for both a future non-contact and/or contact sexual offense,” J.A. 86 (emphasis added).
13
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 14 of 17
Restricting Olson’s ability to loiter in places used by children is thus reasonably related to
the statutory goals of deterrence, public safety, and rehabilitation.
Sex Offender Condition 8 is no greater a deprivation than is reasonably necessary.
Olson should be kept away from children. This condition does that, while allowing Olson
to loiter near any of these places with written permission from his probation officer. Olson
responds that this condition is impermissibly broad because it extends to places that can
“reasonably be expected to be used by children.” J.A. 162. He interprets this language to
bar him from “anyplace where minors could conceivably be present”—that is, “nearly any
location.” Opening Br. 29–30.
We have emphasized that “conditions are . . . given their commonsense meaning.”
United States v. Cohen, 63 F.4th 250, 254 (4th Cir. 2023) (internal quotation marks
omitted). Sex Offender Condition 8 prohibits “loitering,” which means “to remain in or
near a place in an idle or apparently idle manner” or to “hang around aimlessly.” Webster’s
Third New International Dictionary 1330 (2002). And the phrase “reasonably be expected
to be used by children” follows a long list of places—parks, school property, playgrounds,
arcades, amusement parks, day-care centers, swimming pools, community recreation
fields, zoos, youth centers, video arcades, carnivals, and circuses—where children
congregate or are likely to be. The condition thus has a core meaning that extends no
further than reasonably necessary to protect the public. And Olson “can use common sense
and consult his probation officer if there is any doubt as to a particular location.” Hamilton,
986 F.3d at 423. Indeed, we recently upheld a similar condition against an overbreadth
14
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 15 of 17
and vagueness challenge. See id. at 423–424 (collecting cases). Sex Offender Condition
8 is no greater a deprivation than is reasonably necessary.
Finally, Sex Offender Condition 8 is consistent with the relevant policy statement,
insofar as there is no relevant policy statement. Olson argues the condition is inconsistent
because it does not appear among the Commission’s “recommended” conditions for sex
offenders. See U.S.S.G. § 5D1.3(d)(7). However, a district court “may impose any special
condition” that complies with Section 3583(d), Douglas, 850 F.3d at 663 (emphasis added),
“even if the Guidelines do not recommend those conditions,” Sealed Appellee v. Sealed
Appellant, 937 F.3d 392, 405 (5th Cir. 2019) (internal quotation marks omitted). Sex
Offender Condition 8 complies with the first two requirements of Section 3583(d)—
reasonable relation to the offense and no greater a deprivation than is reasonably
necessary—and there is no pertinent policy statement for it to be inconsistent with. See
Hamilton, 986 F.3d at 423–424 (approving near identical condition that does not appear in
the Guidelines).
Accordingly, the district court did not abuse its discretion in imposing Sex Offender
Condition 8.
E.
Sex Offender Condition 14 provides: “The defendant shall not possess any
children’s items, including, but not limited to, clothing, toys, and games without the prior
approval of the U.S. Probation Officer.” J.A. 162.
Sex Offender Condition 14 is reasonably related to Olson’s offense, history, and
characteristics. Olson committed a crime “intrinsically related to the sexual abuse of
15
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 16 of 17
children,” Ferber, 458 U.S. at 759; has a history of seeking roles that “result in high access
to children,” J.A. 84; and has the same “predicted recidivism rate for both a future non-
contact and/or contact sexual offense,” J.A. 86 (emphasis added). Olson no longer enjoys
his high access role as an elementary school teacher. Sex Offender Condition 14 prevents
him from gaining access to children via the alternative means of enticement. It is thus
reasonably related to the statutory goals of deterrence, public safety, and rehabilitation.
Nor is Sex Offender Condition 14 a greater deprivation than is reasonably necessary.
Olson should be prevented from accessing children, and that is the focus of this condition.
Olson insists the condition is vague and overbroad because it could apply to “adult-played
games,” like “chess” and “Settlers of Catan.” Opening Br. 31. But again, a condition is
not impermissibly vague if it has a “core, commonsense meaning.” Comer, 5 F.4th at 544.
In context, the core meaning of “children’s items” here is items primarily used by or
intended for children, including children’s clothing, toys, and games. Olson can seek
guidance from his probation officer when in doubt and “can always bring an as-applied
challenge to future restrictions” on his access to children’s games and toys. Id. Moreover,
Olson can possess any children’s item he wants if he receives his probation officer’s prior
permission.
Finally, Sex Offender Condition 14 is consistent with the relevant policy statement,
insofar as there is no relevant statement. Accordingly, the district court did not abuse its
discretion in imposing Sex Offender Condition 14.
16
USCA4 Appeal: 20-4564 Doc: 75 Filed: 08/20/2024 Pg: 17 of 17
III.
In sum, the district court did not abuse its discretion in imposing any of these six
conditions of supervised release. Each one is substantively reasonable, so there was no
error, much less plain error, which must be “clear or obvious” under “the settled law of the
Supreme Court or this circuit.” United States v. Carthorne, 726 F.3d 503, 516 (4th Cir.
2013) (internal quotation marks omitted). For the foregoing reasons, the judgment of the
district court is
AFFIRMED.
17