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U.S. v. WILLIAMS

No. 10-30084.

636 F.3d 1229 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. William Vernon WILLIAMS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2011.

Attorney(s) appearing for the Case

Jessica L. Weltman , Assistant Federal Defender, Missoula, MT, argued the cause for the defendant-appellant, and filed the briefs. Anthony Gallagher , the Federal Defender for the District of Montana, and John Rhodes , Assistant Federal Defender, Missoula, MT, were also on the briefs.

Cyndee L. Peterson , Assistant United States Attorney, Missoula, MT, argued the cause for the United States, and filed the brief. Michael W. Cotter , the United States Attorney for the District of Montana, was also on the brief.

Before: ROBERT R. BEEZER, DIARMUID F. O'SCANNLAIN, and RICHARD A. PAEZ, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether sentencing a sex offender to a life term of supervised release constitutes "cruel and unusual" punishment under the Eighth Amendment.

I

After having his computer seized by his probation officers, William Vernon Williams admitted that it contained child pornography. Williams told the officers that some of the files depicted incest and child rape. A search of his computer confirmed...

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