No. 21-4419.

60 F.4th 217 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph D. CASTELLANO, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 17, 2023.

Attorney(s) appearing for the Case

ARGUED: Andrew William Grindrod , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Norfolk, Virginia, for Appellant. Aidan Taft Grano-Mickelsen , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. ON BRIEF: Geremy C. Kamens , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. Jessica D. Aber , United States Attorney, Richmond, Virginia, Joseph Kosky , Assistant United States Attorney, Norfolk, Virginia, Jacqueline R. Bechara , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Dismissed in part; reversed in part; vacated and remanded by published opinion. Judge Diaz wrote the opinion, in which Judge Heytens joined. Judge Rushing wrote a dissenting opinion.

Joseph D. Castellano pleaded guilty to transporting child pornography. The district court sentenced him to twelve years in prison and lifetime supervised release, subject to certain conditions. Castellano has struggled to comply with the conditions, returning to prison three times for...

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