United States Ninth Circuit

When the government seeks to restrict a defendant's liberty through a term of supervised release, it has the burden of proving that a particular condition of supervised release involves no greater deprivation of liberty than is reasonably necessary to serve the goals of supervised release. The particularly significant liberty interest in being free from plethysmograph testing requires a thorough, on-the-record inquiry into whether the degree of intrusion caused by such testing is reasonably necessary "to accomplish one or more of the factors listed in section 3583(d)(1)" and "involves no greater deprivation of liberty than is reasonably necessary," given the available alternatives.

Appellate Information

• Argued 02/13/2006
• Decided 06/20/2006
• Published 06/20/2006

Judges

• Before CANBY, JR., NOONAN, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Maria Stratton, Federal Public Defender, and Jonathan D. Libby, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant Matthew Henry Weber., Debra Wong Yang, United States Attorney, Thomas P. O'Brien, Assistant United States Attorney, and Jennifer Corbet, Assistant United States Attorney, Los Angeles, CA, for plaintiff-appellee United States of America.