Appeals court upholds lifetime Internet ban for child pornographer

Judges says restriction needed for public safety

Last updated Thursday, March 1, 2007 7:10 PM CST in News

By Ron Wood
The Morning News

    FAYETTEVILLE -- An appeals court agreed a child pornographer should be banned from the Internet for life.

    Calvin Milo Alverez pleaded guilty on Jan. 23, 2006, in U.S District Court in Fayetteville to receiving and attempting to receive child pornography on his home computer. He was sentenced to 18 years in federal prison followed by lifetime supervised probation, with the special condition he not have access to the Internet at his home and he not have Internet access in other locations without prior approval from the probation office.

    Alverez appealed, arguing limiting his Internet access was more restrictive than reasonably necessary. Alverez also appealed a sentencing enhancement based on his pattern of sexual exploitation or abuse of a 4-year-old girl, saying there was insufficient evidence.

    The 8th U.S. Circuit Court of Appeals on Thursday found the lifetime Internet ban reasonable because Alverez's statements and actions suggest online material provides him with "encouraging, actionable ideas."

    "Moreover, severe restrictions may be the only way to prevent Alverez from accessing prohibited material," according to the opinion. "Alverez admitted he has a problem with self-control, that every prior attempt to curtail his access to prohibited materials has been unsuccessful and that he needed help."

    The 8th Circuit judges cited prior cases in which they ruled a complete ban on Internet access is reasonable in some Internet pornography cases to deter criminal conduct and protect the public from more crimes by a defendant.

    The court also said Alverez's employment history indicates he doesn't have a particular need for Internet access at work.

    The court ruled Alverez's sentencing enhancement, based on a pattern of sexual exploitation and abuse, was not in error because Alverez admitted sexually abusing a child.

    Reader Comments (2 comment(s))


    The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.

    Twisted, Sick, Creepy People.... wrote on Mar 1, 2007 11:19 PM:

    " just how do you really stop them from using the internet? "

    that is what I was thinking wrote on Mar 2, 2007 2:14 AM:

    " Chop off their fingers? Place camera's in their eyeballs and monitor their actions. Hire someone to shadow them. I guess just the deterent that they are not to have it in their homes will stop some of the creepy actions. "


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