United States Ninth Circuit

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US v. Child, 11-30241

In a conviction of a defendant for attempted sexual abuse, district court's imposition of a special condition of supervised release prohibiting defendant from residing with or being in the company of any child under the age of 18, including his daughters, and from socializing with or dating anybody with children under the age of 18, including his fiancee, is vacated and remanded where: 1) because the fundamental right to familial association is a particularly significant liberty interest, the district court was required to follow enhanced procedural requirements before imposing the special conditions; 2) because the record contains no evidence supporting any such limitations on defendant's fundamental liberty interest in residing and socializing with his intimate family members, the imposition of special conditions as applied to defendant's association with his daughters and fiancee was substantively unreasonable and may not be re-imposed on remand; and 3) because the special conditions are overbroad, the district court should consider whether it still concludes that it is necessary to impose similar but more narrowly drawn restrictions on remand.

Appellate Information

  • Decided 10/23/2012
  • Published 10/23/2012

Judges

  • Reinhardt

Court

  • United States Ninth Circuit

Counsel