United States of America v. Devin Allen Wolfe

Rapid City, South Dakota criminal defense lawyer represented the Defendant charged with receipt of child pornography.



Devin Allen Wolfe was convicted of receipt of child pornography, 18 U.S.C.

§ 2252A(a)(2) and (b)(1), and sentenced to 60 months in prison and 35 years of

supervised release. Around two years into supervision he was revoked when he

violated the Computer/Internet Use and Monitoring Program (Computer Use

Program) and had prohibited pictures of minors. A month after starting his second-2-

term of supervision, his probation officer filed another petition to revoke for

possession of a dangerous weapon and failure (again) to follow the Computer Use

Program. The same district judge1 presided over both revocation hearings.

Probation officer Andrew Cowan testified at the second revocation hearing

that he found a smart TV at Wolfe's house. When Cowan told Wolfe he could not

have the TV, Wolfe became agitated, picked up a switchblade-type knife, extended

the blade, and began waving it at Cowan saying, "So I can't have this either?”

Wolfe's father took the knife away from him along with two others on Wolfe's desk.



Cowan also testified that he found thousands of images on Wolfe's devices,

including adult pornography and animated sexually explicit imagery, including

depictions of children and adults engaging in sexual actions. He found a file folder

Wolfe had named "Daddy/Daughter Porn,” as well as evidence that Wolfe tried to

change the software settings required by the Computer Use Program and download

applications without detection. Cowan also testified that Wolfe had downloaded

Discord and used the platform to access chat rooms. Based on all of this, the district

court found that Wolfe violated the conditions of his supervision, revoked his

release, and sentenced him to nine months in prison with ten years of supervised

release to follow. Wolfe appeals

Affirmed