United States v. Devore

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 18 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 24-4475 D.C. No. Plaintiff - Appellee, 2:15-cr-00160-TSZ-1 v. MEMORANDUM* RAYMOND EARL DEVORE, Defendant - Appellant. Appeal from the United States District Court for the Western District of Washington Thomas S. Zilly, District Judge, Presiding Submitted August 14, 2025** Anchorage, Alaska Before: GRABER, OWENS, and R. NELSON, Circuit Judges. Raymond Earl Devore was sentenced to 20 years’ imprisonment and lifetime supervised release for distribution, receipt, possession, and production of child pornography, as well as enticement of a minor. 18 U.S.C. §§ 2251(a), 2251(e), 2252(a)(2), 2252(a)(4)(B), 2252(b)(1), 2252(b)(2), 2422(b). His sentence includes * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). special conditions of supervised release. Devore challenges Special Condition 9, which governs his access to technology. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Upon release, Special Condition 9 allows Devore to obtain, without his probation officer’s permission, a cell phone incapable of “accessing the internet, sending or receiving text messages, or sharing digital files.” He can obtain a cell phone capable of those functions “if explicitly allowed by the probation officer.” Devore, a recidivist pedophile, was convicted for online child-exploitation crimes—which included grooming victims through text messaging and online chats. Under any standard of review, Special Condition 9 is constitutional; it is reasonably related to, and necessary to achieve, the goals of supervision and protecting the community. See United States v. Wells, 29 F.4th 580, 590–91 (9th Cir. 2022); United States v. LaCoste, 821 F.3d 1187, 1190–91 (9th Cir. 2016); see also 18 U.S.C. § 3583(d). AFFIRMED. 2 24-4475