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United States v. Dolivek

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 22, 2013
510 F. App'x 573 (9th Cir. 2013)

Opinion

No. 12-50106 D.C. No. 2:02-cr-00045-RSWL-1

02-22-2013

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID DOLIVEK, Defendant - Appellant.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Central District of California

Ronald S.W. Lew, Senior District Judge, Presiding


Argued and Submitted February 12, 2013*

Pasadena, California

Before: GOODWIN, KLEINFELD, and SILVERMAN, Circuit Judges.

Appellant David Dovilek, convicted of possession of child pornography, argues that the district court abused its discretion when it modified the conditions of his supervised release to permit computer use but with a requirement for keystroke monitoring. We disagree.

We recognize that keystroke monitoring is more intrusive than mere Internet monitoring and not appropriate in every case. See United States v. Quinzon, 643 F.3d 1266, 1273 (9th Cir. 2011). However, Dolivek's illicit computer use involved more than just online activities. He ran a commercial child pornography distribution business. In addition, he created his own child pornography videotapes. A former web designer, Dolivek is a sophisticated computer user who had the knowledge, software, and experience to avoid detection of more criminal misuse of his computer, if keystroke monitoring was not imposed. Because keystroke computer monitoring is reasonably related to the specific circumstances of Dolivek's offense and individual characteristics, and the need to protect the public, the district court did not abuse its discretion. See United States v. Rearden, 349 F.3d 608, 621 (9th Cir. 2003).

AFFIRMED.


Summaries of

United States v. Dolivek

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 22, 2013
510 F. App'x 573 (9th Cir. 2013)
Case details for

United States v. Dolivek

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID DOLIVEK…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Feb 22, 2013

Citations

510 F. App'x 573 (9th Cir. 2013)

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