United States Ninth Circuit

A former major credit reporting agency employee's sentence for conspiracy involving a bribery scheme is vacated in part as to the imposition of certain conditions of supervised release where: 1) a condition applying windfalls received by defendant to his restitution order was improper in that the district court erred by delegating what would be done to the probation officer; and 2) a condition that defendant abstain from consuming alcohol was improper as there was no suggestion alcohol played any role in the crime at issue, and thus the condition did not bear a reasonable relationship to rehabilitating the offender, protecting the public, or providing adequate deterrence.

Appellate Information

• Argued 01/10/2007
• Decided 12/14/2007
• Published 12/14/2007

Judges

• KLEINFELD, Circuit Judge:, Before:  ANDREW J. KLEINFELD, RONALD M. GOULD, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James H. Locklin, Deputy Federal Public Defender, Los Angeles, CA, for the appellant.


• For Appellees:
  
• Douglas F. McCormick, Assistant U.S. Attorney, Santa Ana, CA, for the appellee.