UNITED STATES v. OKAMOTO (2021)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Juan OKAMOTO, aka Flaco, aka Junio, aka Karante, aka Junio Karante, aka Juan Antonio Okamoto, aka Jose Antonio Perales, aka Tito, Defendant-Appellant.

No. 20-50281

Decided: August 02, 2021

Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.

Bram M. Alden, Hava Arin Levenson Mirell, DOJ - Office of the U.S. Attorney, James Alexander Santiago, ASUSAT, DOJ-USAO, Los Angeles, CA, for Plaintiff - Appellee. Gretchen Fusilier, Attorney, Carlsbad, CA, for Defendant - Appellant.

MEMORANDUM **

Juan Okamoto appeals from the district court's judgment revoking supervised release and challenges three conditions of supervised release imposed upon revocation. We have jurisdiction under 28 U.S.C. § 1291. Reviewing de novo, see United States v. Watson, 582 F.3d 974, 981 (9th Cir. 2009), we vacate the challenged conditions and remand.

We agree with the parties that standard conditions of supervised release five, six, and fourteen, which were reimposed by the district court upon revoking Okamoto's supervised release, are unconstitutionally vague. See United States v. Evans, 883 F.3d 1154, 1162-64 (9th Cir. 2018). Accordingly, we vacate these conditions and remand to the district court to impose whatever alternative conditions it deems appropriate. See United States v. Ped, 943 F.3d 427, 433-34 (9th Cir. 2019).

VACATED and REMANDED with instructions.

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