United States v. Hernandez

MEMORANDUM & ORDER

Jack B. Weinstein, Senior United States District Judge

Table of Contents

I. Introduction.... 543

II. Factual Background and Procedure ... 544

III. Law ... 544

IY. Application of Law to Facts ... 546

V. Conclusion ... 547

I. Introduction

Defendant was convicted of receipt of child pornography. As a condition of his supervised release, he was not permitted to attend church services with minors present. For the reasons stated below this *544condition unconstitutionally restricts defendant’s First Amendment right to participate in religious rites.

II. Factual Background and Procedure

Defendant…