United States Ninth Circuit

In a case challenging the conditions of supervised release, the sentence is affirmed where: 1) the condition that defendant abstain from alcohol was not a abuse of discretion; 2) the condition requiring community service when unemployed was not an abuse of discretion; and 3) the condition against "association" with "any member of any criminal street gang" specifically "Harpys street gang" was not impermissibly vague, impliedly excluded inadvertent association, and was not plain error.

Appellate Information

• Argued 06/02/2008
• Decided 09/24/2008
• Published 09/24/2008

Judges

• BEA, Circuit Judge:, Before:  ALEX KOZINSKI, Chief Judge, D.W. NELSON and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Sean K. Kennedy, Federal Public Defender, Kathryn A. Young, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant., Thomas P. O'Brien, United States Attorney, Christine C. Ewell, Jeffrey A. Backhus, Assistant United States Attorneys, Los Angeles, CA, for the plaintiff-appellee.