United States Ninth Circuit

In an appeal challenging a condition of defendant's supervised release barring him from entering San Francisco without the prior approval of his probation officer, the appeal is dismissed where: 1) the condition was reasonably tied to the court's stated aims of rehabilitation and deterrence and was no more restrictive than reasonably necessary to serve those purposes; and 2) the language of defendant's plea agreement waiver encompassed the appeal, and the waiver was knowingly and voluntarily made given the circumstances surrounding the agreement.

Appellate Information

• Argued 07/13/2009
• Decided 09/23/2009
• Published 09/23/2009

Judges

• Before BARRY G. SILVERMAN, RICHARD R. CLIFTON, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Joseph P. Russoniello, United States Attorney, Barbara J. Valliere, William Frentzen, and Erika R. Frick (argued), Assistant United States Attorneys, San Francisco, CA, for the plaintiff-appellee., Scott A. Sugarman, Sugarman & Cannon, San Francisco, CA, for the defendant-appellant.