U.S. v. ABBATE

No. 19-10797.

970 F.3d 601 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher J. ABBATE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED August 18, 2020.


Attorney(s) appearing for the Case

Joseph Andrew Magliolo, Esq. , U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Brandon Elliott Beck , Federal Public Defender's Office, Northern District of Texas, Lubbock, TX, Jason Douglas Hawkins , Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Dallas, TX, for Defendant-Appellant.

Before Davis, Jones, and Willett, Circuit Judges.


Christopher Abbate challenges two special conditions of his supervised release following the revocation of his first term of supervised release. He argues a condition prohibiting possession of pornographic matter is vague and overbroad in violation of his due process and First Amendment rights, and a condition prohibiting use of gaming consoles...

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