... 2252(a)(2) [receipt of child pornography by any means including computer] ... any release order shall contain, at a minimum ... a condition of electronic monitoring.” H.R. 4472, Pub. L 109-248,10 Stat. 587 (July 27, 2006) (codified in relevant part at 18 U.S.C. § 3142(c)(1)(B)) (emphasis added). The requirement covers pre-trial and post-bail; it is plain, unambiguous, and mandatory. But see United States v. Kennedy, 327 Fed.Appx. 706, 706-08 (9th Cir.2009) (construing the Adam Walsh Act “to require the district court to exercise its discretion, to the extent applicable, in applying the mandatory release conditions”) (emphasis added); United States v. Cossey, 637 F.Supp.2d 881, 889 (D.Mont.2009) (a 291E(F), and 00-CR-3045(F), 2006 WL 3541736, at *7, *10 (W.D.N.Y. Dec. 7, 2006) (<HOLDING>). But see Kennedy, 327 Fed.Appx. at 706-08
holding that adam walsh act violates the eighth amendments prohibition against excessive bail the fifth amendments guarantee of procedural due process and separation of powers holding that the due process clause of the fourteenth amendment incorporates the eighth amendments guarantee against cruel and unusual punishment holding that adam walsh act does not violate procedural due process require excessive bail or violate separation of powers holding that adam walsh act does not prohibit inspection by defense expert holding that execution of juveniles violates the eighth and fourteenth amendments