United States District Court, M.D. Florida, Orlando Division
ANTOON II United States District Judge.
United States Probation Office has filed a petition to modify
the conditions of Mohammed Ali Liton's supervised release
to impose restrictions greater than those originally ordered
by the sentencing judge. (Doc. 5), The Court held a hearing
on the petition on April 20, 2017. (See Mins., Doc.
9). Because the originally-imposed conditions are sufficient
to accomplish the purposes of supervised release, the
petition will be denied.
January 8, 2008, a jury in the Northern District of Florida
returned a verdict finding Liton guilty of attempted
enticement of a minor to engage in sexual activity, a
violation of 18 U.S.C. § 2422(b). Using the Internet,
Liton engaged in conversations with an FDLE agent posing as a
fourteen-year-old girl. During those conversations, Liton
solicited the person he believed to be a minor to have sex
with him. At the time of the offense, Liton was 26 years old.
The court sentenced Liton to 120 months in prison followed by
ten years' supervised release.
sentencing court imposed standard conditions of supervised
release and some special conditions. Two of those special
The defendant shall not possess or have under his control
any material that depicts sexual activities with minors. The
defendant shall provide the probation officer access to his
personal or home computer, including that of family members
within his residence, for the specific purpose of identifying
any material or communications that involve sexual activity
The defendant shall submit to a search of his person,
property, house, residence, vehicle, papers, computer, other
electronic communication or data storage devices or media,
and effects at any time, with or without a warrant, by any
law enforcement or probation officer with reasonable
suspicion concerning unlawful conduct or a violation of a
condition of probation or supervised release, pursuant to 18
U.S.C. §§ 3563(b)(23) and 3583(d).
(Doc. 2 at 8 & 9). These conditions are routinely imposed
in child enticement cases in the Northern District, and
notably they do not preclude Liton from using a computer that
can access the Internet.
30, 2016, Liton was released from prison and began his term
of supervised release. Before his release, Liton requested
that his supervision be transferred to the Middle District of
Florida, where he intended to live and work. Although
transfer of jurisdiction was not formally accepted until
December 14, 2016, the Probation Office in the Middle
District began supervising Liton upon his June 30 release.
The probation officer met with Liton and informed him that he
wanted to add to the terms of Liton's supervised release
two conditions that are typically imposed in the Middle
District of Florida- polygraph testing and a prohibition on
accessing the Internet without approval of the probation
officer. Liton's probation officer instructed him not to
use the Internet, and the original conditions require Liton
to follow the instructions of his probation officer.
accounts, throughout the almost one year that Liton has been
on supervised release, he has complied with all of the
originally imposed conditions and has followed his probation
officer's instructions. He has also maintained a stable
residence and engaged in full-time employment at a dental
lab. Liton is currently seeking readmission to the University
of Central Florida to complete the masters of business
administration program he was attending when arrested, but he
could not (without violating the instructions of his
probation officer) submit his application because the school
requires all applications to be submitted online.
refused to agree to his probation officer's suggested
formal modification of the terms of his supervised release,
and consequently, on April 12, 2017, the Probation Office
filed its petition to modify the conditions of supervised
release. The proposed modified conditions specify:
Without prior written approval of the probation officer, you
are prohibited from either possessing or using a computer
(including a smart phone, a hand-held computer device, a
gaming console, or an electronic device) capable of
connecting to an online service or an internet service
provider. This prohibition includes a computer at a public
library, an internet cafe, your place of employment, or an
educational facility. Also, you are prohibited from
possessing an electronic data storage medium (including a
flash drive, a compact disk, and a floppy disk) or using any
data encryption technique or program. If approved to possess
or use a device, you must permit routine inspection of the
device, including the hard drive and any other electronic
data storage medium, to confirm adherence to this condition.
The United States Probation Office must conduct the
inspection in a manner no more intrusive than necessary to
ensure compliance with this condition. If this condition
might affect a third party, including your employer, you must
inform the third party of this restriction, including the
computer inspection provision.
You shall participate and submit to polygraph testing for
monitoring purposes. You shall follow the probation
officer's instructions regarding the implementation of
this court directive. Further, you shall contribute to the
costs of such polygraphs not to exceed an amount determined
reasonable by the probation officer based on ability to pay
or availability of third party payment and in conformance
with the Probations Office's Sliding Scale for Treatment
(Doc. 5 at 1-2). Liton now agrees to the second proposed
modification requiring that he submit to polygraph
examination, and the Court has already entered an Order (Doc.
12) adding that condition. But Liton continues to object to
the first ...