United States Ninth Circuit

In a case in which defendant pleaded guilty to conspiracy to commit securities fraud, conditions of supervised release prohibiting the defendant from using the Internet without prior approval from his probation officer and precluding him from residing in certain counties upon his release from prison, are vacated where facts of this case do not permit a total ban on Internet access, because: 1) the defendant's use of the Internet played only a tangential role in his commission of the underlying fraud offense; 2) the defendant does not have a history of using the Internet to commit other offenses; and 3) nothing in the record suggests that his use of the Internet to post disparaging comments about some of his victims rose to the level of a criminal offense.

Appellate Information

• Published 2016/05/11

Judges

• WATFORD

Court

• United States Ninth Circuit

Counsel