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United States of America v. John Fitzgerald Wallette

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Submitted: February 17, 2012

Before RILEY, Chief Judge, WOLLMAN, and SMITH, Circuit Judges.

A jury convicted John Fitzgerald Wallette of one count of aggravated sexual abuse of a child, in violation of 18 U.S.C. §§ 2241(c) and 1153. Wallette moved for a mistrial or, in the alternative, a new trial because one of the defense exhibits disappeared after the trial’s conclusion. The district court denied Wallette’s motion *fn1 and sentenced him to 360 months’ imprisonment, followed by a lifetime of supervised release. The court also ordered that, upon his release, Wallette abstain from the use of alcohol and from possessing sexually explicit materials. On appeal, Wallette challenges these special conditions, as well as the district court’s denial of his motion for a new trial. We affirm.

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