IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO
October 31, 2011
KEVIN STEWART MCMAHAN PLAINTIFF,
NATE E. HUDSON, UNITED STATES PROBATION OFFICER DEFENDANT.
The opinion of the court was delivered by: B. Lynn Winmill Chief Judge United States District Court
MEMORANDUM DECISION AND ORDER
Plaintiff McMahan seeks an injunction preventing the U.S. Probation Office from placing him on home confinement between 5 p.m. and 10 p.m. on Halloween night. McMahan is currently on probation after pleading guilty to a charge of possession of child pornography in violation of 18 U.S.C. § 2252A. Standard Condition No. 3 of his probation requires him to "follow the instructions of the probation officer," and Special Condition No 3 restricts him "from contact with individuals who are under the age of 18 years without adult supervision."
Under these circumstances, the home confinement of McMahan on Halloween night is a reasonable restriction consistent with the conditions of his probation. The motion for injunction will therefore be denied.
In accordance with the Memorandum Decision above,
NOW THEREFORE IT IS HEREBY ORDERED, that the motion for injunction (docket no. 3) is DENIED.
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