United States v. Wilson ( 2023 )

Case: 22-10453 Document: 00516647346 Page: 1 Date Filed: 02/15/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10453
Summary Calendar FILED
____________ February 15, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Maxwell David Wilson,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:21-CR-125-1
______________________________
Before Higginbotham, Graves, and Ho, Circuit Judges.
Per Curiam: *
Maxwell David Wilson appeals his sentence for distribution of child
pornography. We pretermit consideration of the applicability of the appeal
waiver in his plea agreement. See United States v. De Leon, 915 F.3d 386, 289
n.2 (5th Cir. 2019).
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10453 Document: 00516647346 Page: 2 Date Filed: 02/15/2023
No. 22-10453
Given Wilson’s history of direct sexual abuse of a child, he has not
shown that the imposition of a condition of supervised release limiting his
contact with minors was plain error. See Puckett v. United States, 556 U.S.
129, 135 (2009); United States v. Cabello, 33 F.4th 281, 291 (5th Cir. 2022);
United States v. Ellis, 720 F.3d 220, 223-24 (5th Cir. 2013). The challenged
condition is not absolute, as it permits Wilson to have supervised contact
with persons under the age of 18, and, with his probation officer’s permission,
to work or volunteer where minors congregate and to have an intentional
relationship with someone who has minor children. Cf. United States v. Duke,
788 F.3d 392, 401-03 (5th Cir. 2015).
The district court’s judgment is AFFIRMED.
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