Skip navigation
× You have 2 more free articles available this month. Subscribe today.

Tenth Circuit Affirms Sentence in Excess of Federal Advisory Guidelines for Sex Offender Who Violated Terms of Supervised Release

In an unpublished opinion, the Tenth Circuit affirmed the district court's imposition of an 18-month prison term for a Utah man, Brian Olinger, who pled guilty to three violations of the terms of his supervised release.

In September 2009, Olinger was sentenced to 15 months in prison to be followed by 120 months of supervised release for failing to register as a sex offender in violation of 18 U.S.C. § 2250. Released after about six months in prison, Olinger agreed to a number of conditions while on supervised release, including restrictions on his use of computers.

In September 2010, Olinger was charged with numerous violations of supervised release, including allegations that he possessed both pornography and child pornography. Ultimately, in exchange for the government agreeing to drop those allegations, he admitted three other allegations, namely accessing a computer with Internet access without prior approval, associating with a known felon, and possessing alcohol.

In October 2010, the district court found that the advisory sentencing range for Olinger's violations was five to eleven months. Distressed by the fact that Olinger had accessed a computer which had child pornography on it, even without evidence that Olinger had actually viewed the child pornography, the district court sentenced Olinger to a term of 18 months in prison, more than triple the low end of the advisory guideline range (again followed by 120 months of supervised release).

On appeal, the Tenth Circuit found, in light of Olinger's criminal history, that the district court did not abuse its discretion. See: United States v. Olinger, Case No. No. 10-4187 (10th Cir. 2011).

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

Related legal case

United States v. Olinger