United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

____________ FILED August 30, 2023 No. 22-30383 Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Larry Caillier II,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:10-CR-76-01 ______________________________

Before King, Smith, and Elrod, Circuit Judges. Jennifer Walker Elrod, Circuit Judge: After pleading guilty to one count of receiving child pornography in violation of 18 U.S.C. § 2252A(a)(2)(A), Larry Caillier II was sentenced to a 168–month term of imprisonment followed by a 15–year term of supervised release. During Caillier’s term of supervised release, the district court modified a number of the special conditions imposed. Caillier appeals, challenging the district court’s jurisdiction to modify his supervised release conditions, and contesting the substantive reasonableness of the conditions imposed. Because the district court has jurisdiction under 18 U.S.C. § 3583(e)(2) to modify conditions of supervised release, and because the Case: 22-30383 Document: 00516878800 Page: 2 Date Filed: 08/30/2023

No. 22-30383

district court did not abuse its discretion in fashioning these conditions, we affirm. I Caillier was released from prison on February 25, 2022, and began serving his fifteen-year period of supervised release. Caillier’s original conditions of supervised release included two special conditions: (1) Caillier was required to participate in a sex offender treatment program; and (2) Caillier was prohibited from having “access to a computer, or an interactive computer service as directed by the United States Probation Office.” Two months into Caillier’s term of supervised release, the United States Probation Office petitioned the district court to modify his release conditions as follows: (1) that Caillier participate in a sex offender treatment program; (2) that he “not have Internet access on his personal computer, PDA, or any other device, without the approval of the U.S. Probation Office” and “[i]f internet access is granted, [Caillier] shall comply with the requirements of the Computer Monitoring Program”; (3) that he submit to polygraph testing as part of his therapeutic program; (4) that he not view or possess any materials depicting or describing sexually explicit conduct or child pornography; and (5) that he refrain from associating with any minor unless the minor’s guardian is present, except for incidental contact in normal commercial life. The Probation Office petitioned for these modifications without alleging that Caillier had violated the terms of his supervised release. The district court held a hearing in which Caillier was represented by counsel and heard Caillier’s objections regarding the modified conditions. The district court ultimately granted the Probation Office’s petition over Caillier’s objections, and modified Caillier’s terms of supervised release to include all of the new