IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-50889

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff - Appellee

v.

JARRED LYNN BOONE, also known as Jarred Boone,

Defendant - Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 7:18-CR-71-1

Before BARKSDALE, HAYNES, and ENGELHARDT, Circuit Judges.

PER CURIAM:*

Jarred Lynn Boone pleaded guilty to possession of child pornography and 

distribution of such material, in violation of 18 U.S.C. § 2252(a)(2), (4). He was 

sentenced to, inter alia, a within-Guidelines term of 300-months’

imprisonment and 10 years’ supervised release. In addition to the mandatory 

and standard conditions for supervised release, the district court imposed the 

following four special conditions: (1) participation in a sex offense-specific 

 

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5th Cir. 

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 2, 2019

Lyle W. Cayce

Clerk

 Case: 18-50889 Document: 00515060788 Page: 1 Date Filed: 08/02/2019
No. 18-50889

2

treatment program with periodic polygraph testing to ensure his compliance 

with the requirements of the program and his overall supervision; (2) 

prohibition of direct contact with any child under the age of 18 without the 

probation officer’s permission; (3) prohibition of viewing or possessing any 

visual depiction of sexually explicit conduct as defined in 18 U.S.C. § 2256; and 

(4) submission of his “person, property, house, residence, vehicle, papers, 

computers . . . , other electronic communications or data storage devices or 

media, or office” to a reasonable search conducted by a probation officer.

Boone contends these four special conditions must be vacated, claiming:

the court failed to state the reasons supporting their imposition; and, those 

reasons were not apparent in the record. As he concedes, his challenge is 

reviewed only for plain error because he did not object to the special conditions 

in district court. See United States v. Alvarez, 880 F.3d 236, 239 (5th Cir. 

2018). Under that standard, Boone must show a forfeited plain (clear or 

obvious) error that affected his substantial rights. Puckett v. United States, 

556 U.S. 129, 135 (2009). If he does so, we have the discretion to correct the 

error, but should do so only if it “seriously affect[s] the fairness, integrity or 

public reputation of judicial proceedings”. Id.

“A district court must set forth factual findings to justify special 

probation conditions in terms of the [18 U.S.C.] § 3553(a) [sentencing] factors.” 

United States v. Caravayo, 809 F.3d 269, 275 (5th Cir. 2015) (internal 

quotation marks and citations omitted). Nevertheless, even in the absence of 

such findings, we may affirm a special condition if the court’s reasons justifying 

the condition can be inferred from the record. Id. Because the court’s reasons 

are apparent from our review of the record, there was no clear or obvious error 

in imposing the four special conditions.

 Case: 18-50889 Document: 00515060788 Page: 2 Date Filed: 08/02/2019
No. 18-50889

3

In the alternative, Boone contends the third special condition should be 

vacated because the term “sexually explicit conduct” is too vague and overly 

broad. He has failed to show the requisite clear or obvious error in this regard 

because he has not cited to any binding precedent specifically supporting his 

challenge. See United States v. Rodriguez-Parra, 581 F.3d 227, 230–31 (5th 

Cir. 2009). Moreover, our precedent regarding this issue reflects he cannot 

demonstrate clear or obvious error on this basis. See United States v. Miller, 

665 F.3d 114, 136–37, 137 n.120 (5th Cir. 2011).

AFFIRMED.

 Case: 18-50889 Document: 00515060788 Page: 3 Date Filed: 08/02/2019