and Submitted February 13, 2018 Pasadena, California
from the United States District Court for the Central
District of California Philip S. Gutierrez, District Judge,
Presiding D.C. No. 2:09-cr-00992-PSG-1
Jonathan P. Schneller (argued), Deputy Federal Public
Defender; Hilary L. Potashner, Federal Public Defender;
Office of the Federal Public Defender, Los Angeles,
California; for Defendant-Appellant.x.
B. Spiegel (argued), Assistant United States Attorney,
Criminal Appeals Section; Lawrence S. Middleton, Chief,
Criminal Division; United States Attorney's Office, Los
Angeles, California; for Plaintiff-Appellee.
Before: Marsha S. Berzon and Jay S. Bybee, Circuit Judges,
and John A. Woodcock, Jr. [*] District Judge.
panel affirmed the district court's judgment revoking the
defendant's supervised release after he committed two
violations of a condition that he possess and use only those
computers and computer-related devices that he had disclosed
to his supervising officer.
panel held that the probation office did not unreasonably
delay the initiation of the revocation petition, where the
defendant caused the delay by obstructing the probation
office's investigation of the conduct leading to the
filing of the petition. Rejecting the defendant's
contention regarding the use of his confession, which he
claimed was the fruit of questioning with deceptive and
coercive features, the panel wrote that the Fifth Amendment
does not apply to law enforcement questions to a supervisee
about his compliance with the terms and conditions of
supervision. The panel held that the defendant violated the
computer "use" condition when he possessed and
availed himself of the functions of his friend's smart
phone, a device he had not disclosed to the supervising
WOODCOCK, District Judge.
Misraje appeals a judgment revoking his supervised release.
The revocation arose out of two violations of a condition of
that supervised release - that he possess and use only those
computers and computer-related devices he had disclosed to
his supervising officer. We have jurisdiction pursuant to 28
U.S.C. § 1291, and we affirm.
was convicted of possession of child pornography in violation
of 18 U.S.C. § 2252A(a)(5)(B) and sentenced to a term of
incarceration followed by a term of supervised release. Among
the conditions of supervised release was a prohibition
against the possession and use of computers or
computer-related devices not disclosed to his supervising
officer, the "undisclosed device" condition.
on supervised release, Misraje was in the lobby of a
psychologist's office, awaiting an appointment. In the
lobby was a mother, also waiting to be seen, and her two
sons, ages eight and twelve. The mother went into the
doctor's office, leaving Misraje alone with the two boys.
Misraje spoke to at least one of the children and showed him
images of child pornography on an electronic device he had
disclosed to his probation officer. This episode led to a
failed attempt by the United States Probation Office (USPO)