United States v. Devore
United States v. Devore
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 18 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT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
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
AFFIRMED.
2 24-4475
Reference
- Status
- Unpublished