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United States v. Von Behren, — F.3d —-, 2016 WL 2641270 (10th Cir. May 10, 2016)

May 10, 2016

The defendant was sentenced to 121 months in prison and three years of supervised release for receipt and distribution of child pornography. The conditions of his supervised release were later modified to require that he submit to a sexual history polygraph answering whether he had committed sexual crimes for which he was never charged. The defendant refused this condition, subjecting him to potential revocation of his supervised release. The Tenth Circuit reversed the district court’s order compelling the defendant to submit to the sexual history polygraph, holding that he faced real danger of self-incrimination if he answered the polygraph questions, and that the government had compelled him to be a witness against himself in violation of his Fifth Amendment rights.