ORDER

ROY B. DALTON, Jr., District Judge.

This cause is before the Court on the following:

In November 2005, Defendant was convicted of second-degree sexual abuse and sexual contact with persons less than 14 years old ("Crimes") in New York. (Doc. 36, p. 4.) Defendant was sentenced to six years' probation and was required to register as a sex offender under the Sex Offender Registration and Notification Act, 18 U.S.C. § 2250(a) ("SORNA"), and to keep his registration current. (Id.)

On November 12, 2014, Defendant pled guilty to and the Court adjudicated him guilty of a violation of SORNA—specifically, failure to keep his sex offender registration status current. (Doc. 30; see also Doc. 16.) As such, on January 26, 2015, the Court sentenced Defendant to fifteen months' imprisonment and three years of supervised release. (Doc. 38; see also Doc. 39 ("Judgment").)

Defendant is now on supervised release; as such, he is subject to the following pertinent conditions: (1) he must participate in a sex offender mental health program; and (2) he must submit to polygraph testing for treatment and monitoring purposes. ("Pertinent Conditions"). (Doc. 39, p. 4.)

Defendant moves for a modification of the Judgment that would permit him to have contact with his unborn child who is expected to be born on July 28, 2016 ("Relief"). (Doc. 59.) In support, Defendant maintains that he is innocent of the crimes for which he was convicted. (Id.)

The Government responded, representing that both it and the U.S. Probation Office ("Probation") oppose the Relief because Defendant has not complied with the Pertinent Conditions and refuses to accept responsibility for the Crimes—"all of which are required by the sex offender treatment program." (Doc. 61, p. 2.) However, the Government does not oppose a modification permitting Defendant to participate in supervised visits with his children, including his unborn son, if Defendant completes his outstanding treatment requirements and abides by the other terms of his supervised release. (Id. at 3.)

In addition to the Pertinent Conditions, the Judgment reads that Defendant "shall not have any direct contact with minors (under the age of 18) except for [his] own child[ren] without the written approval of the probation officer." (Doc. 39, p. 4 (emphasis added).) Thus, while the Court is troubled by Defendant's alleged failure to comply with the Pertinent Conditions, absent some other condition of Supervised Release of which the Court is unaware, the Court finds that Defendant is entitled to have direct contact with his biological children, including his soon-to-be-born son, without permission.

Accordingly, it is hereby ORDERED AND ADJUDGED that the relief requested in Defendant's Correspondence to the Court, docketed as a "Motion for Case Modification" (Doc. 59) is DENIED AS MOOT.

DONE AND ORDERED.