FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MAINE [Hon. Jon D. Levy, U.S. District Judge]
William S. Maddox, on brief for appellant.
Renée M. Bunker, Assistant United States Attorney,
Appellate Chief, and Halsey B. Frank, United States Attorney,
on brief for appellee.
Howard, Chief Judge, Torruella and Thompson, Circuit Judges.
TORRUELLA, Circuit Judge.
2012, appellant Shawn Sayer ("Sayer") pled guilty
to one count of cyberstalking in violation of 18 U.S.C.
§§ 2261A(2) and 2261(b)(5). He commenced his
supervised release term in 2016, but it was revoked in 2017
because he violated some of his conditions. On appeal, Sayer
contends that the district court's upwardly-variant
sentence following revocation is procedurally and
substantively unreasonable. Moreover, he challenges the
district court's imposition of a supervised release term
in addition to the statutory maximum term of imprisonment
upon revocation. After careful review, we affirm.
briefly summarize the relevant facts and procedural course of
Jane Doe ended her relationship with Sayer in
January 2006, Sayer stalked and harassed her for various
years, causing her to seek a protective order against him in
state court. United States v.
Sayer, 748 F.3d 425, 428 (1st Cir. 2014). In the
fall of 2008, Sayer started using the internet to induce
random third parties to harass Jane Doe. Id. After
several unknown, "'dangerous'-looking men"
arrived at Doe's house in Maine in October 2008
"seeking 'sexual entertainment, '" she
discovered an ad in the "casual encounters" section
of Craigslist that showed pictures of her in lingerie, which
Sayer had taken while they were dating. Id. The ad
described a list of sexual acts she was supposedly willing to
perform and provided her address. Id. Jane Doe had
not posted the ad, nor authorized Sayer to do so.
unwanted visits from unknown men persisted until Jane Doe
moved to her aunt's house in Louisiana and changed her
name, seeking to avoid Sayer's harassment. The visits
stopped until August 2009, when, once again, an unknown man
showed up at her aunt's home in Louisiana, referring to
Doe by her new name, claiming that he had met her over the
internet, and seeking a sexual encounter. Id. Jane
Doe later found: 1) videos of herself and Sayer engaged in
sexual acts on various pornography websites detailing her
name and current Louisiana address; (2) a fraudulent Facebook
account including sexually explicit pictures of her; and (3)
a fake account on another social network, Myspace, which
provided both her old and new names, her Louisiana address,
and links to pornography sites hosting sex videos of her.
Id. at 428-429. After police searched Sayer's
home in June 2010, a forensic analysis of his computer showed
that between June and November 2009, Sayer had created
"numerous fake profiles" on Yahoo! Messenger using
a variation of Jane Doe's name. Id. at 429. In
many cases, "Sayer, posing as Jane Doe, chatted with men
online and encouraged them to visit [her] at her home in
2012, Sayer pled guilty to cyberstalking. The district
court imposed a prison term of sixty months, the statutory
maximum, to be followed by three years of supervised release.
commenced his supervised release in February 2016. During the
initial supervised release orientation, Sayer identified
several goals, including finding full-time employment, saving
money, and purchasing a truck. He worked in the school lunch
program for the City of Portland while searching for
carpentry-related employment.  In May 2016, Sayer secured
employment with a construction company in the carpentry
2016, the Probation Office filed a petition to modify
Sayer's supervised release conditions to add a
requirement that he participate in a Computer and Internet
Monitoring Program ("CIMP"), which involved partial
or full restriction of his use of computers and the internet
and required him to submit to unannounced searches of his
computer, storage media, and electronic or internet-capable
devices. Despite Sayer's opposition, the district court
imposed the CIMP condition, explaining that it had
inadvertently omitted it at the time of Sayer's original
sentencing but that it was warranted considering the
"nature and seriousness" of Sayer's underlying
his supervised release term, Sayer began a relationship with
M.G. On October 25, 2016, Sayer called the Probation Officer
to inform that "things [had gone] sour" with M.G.
While Sayer insisted that M.G. "never explicitly asked
him to not contact her," he acknowledged that she had
blocked communications with him on Facebook and ignored
multiple text messages. The Probation Officer encouraged him
to stop contacting M.G. During a meeting with Sayer days
later, the Probation Officer brought up Sayer's
communications with M.G., emphasizing that Sayer was
"exhibiting at risk communication that reached an
obsessive level." The Probation Officer informed Sayer
that his internet access would be restricted for a while to
allow the Probation Office to investigate the extent of his
communication with M.G.
November 18, 2016, M.G. denied any issues of harassment and
said she and Sayer were "working things out."
Hence, on November 29, 2016, the Probation Officer informed
Sayer that he would restore his internet access, based on the
results of the investigation. The Probation Officer later
discovered that Sayer continued to use the internet during
his period of restriction as the software installed by the
Probation Office had failed to block his access. When
confronted, Sayer said that although he had felt
"shocked" when he was able to access the internet
after being told he would not be able to, he just "went
along with it."
meeting on January 4, 2017, Sayer and the Probation Officer
once again discussed Sayer's communications with M.G., as
she had recently requested he "leave her alone."
Sayer insisted that his multiple messages were "his way
of 'helping' her through periods of depression."
He seemed "very bothered" by the breakdown of his
relationship and expressed concern for an iPhone and iPad
that he had let M.G. borrow and she had not returned. The
Probation Officer suggested a mental health assessment, but
Sayer said he was "not really that upset." During
this meeting, the Probation Officer also discussed nude
photos of M.G. in Sayer's cellphone, some in which M.G.
was "not looking at the camera and it [was] unclear how
aware she [was]." The Probation Officer instructed Sayer
to inform M.G. that his cellphone was monitored and other
people had access to her photos.
mid-January 2017, the Probation Office discovered a GPS
tracker application in Sayer's cellphone, which Sayer
admitted to connecting to the iPad he had lent
The following month, Sayer scheduled a mental health
assessment as instructed by the Probation Office, which he
referred to as "ridiculous."
February 2017, M.G. sought a no contact order regarding Sayer
from the Ellsworth, Maine Police Department, and as a result
Sayer was verbally instructed to cease all communications
with her. On May 8, 2017, M.G. contacted the Probation Office
to inform that Sayer had been obsessively contacting her via
phone and email. She reported that he called from different
numbers and was able to mask his phone ...