USA v. William Lovele

Filing

FILED PER CURIAM OPINION (SIDNEY R. THOMAS, SUSAN P. GRABER and RICHARD C. TALLMAN) Our decision does not foreclose an as-applied challenge in some later proceeding should the district court revoke Defendant s release and should Defendant seek to challenge whether he was subject to the particular registration law at issue. In this appeal, though, the question whether Defendant must in fact register under federal or state law is not ripe for decision. See id. at 390 n.2 (holding that the defendant may bring an as-applied challenge to a nearly identical condition of supervised release only if the district court later revokes supervised release). AFFIRMED. . FILED AND ENTERED JUDGMENT. [7678445]

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USA v. William Lovele Doc. 0 Case: 10-30202 03/14/2011 Page: 1 of 3 ID: 7678445 DktEntry: 13-1 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. W.P.L., a juvenile, Defendant-Appellant. No. 10-30202 D.C. No. 6:03-cr-00022CCL-1 OPINION Appeal from the United States District Court for the District of Montana Charles C. Lovell, Senior District Judge, Presiding Submitted March 7, 2011* Portland, Oregon Filed March 14, 2011 Before: Sidney R. Thomas, Susan P. Graber, and Richard C. Tallman, Circuit Judges. Per Curiam Opinion *The panel unanimously concludes this case is suitable for decision without oral argument. Fed. R. App. P. 34(a)(2). 3543 Dockets.Justia.com Case: 10-30202 03/14/2011 Page: 2 of 3 ID: 7678445 DktEntry: 13-1 3544 UNITED STATES v. W.P.L. COUNSEL Michael Donahoe, Federal Defenders of Montana, Helena, Montana, for the defendant-appellant. Paulette L. Stewart, Assistant United States Attorney, Helena, Montana, for the plaintiff-appellee. OPINION PER CURIAM: Defendant W.P.L., a juvenile, appeals the district court's imposition of a condition of supervised release that he register as a sex offender "if required by law." Reviewing for abuse of discretion, United States v. T.M., 330 F.3d 1235, 1240 n.2 (9th Cir. 2003), we affirm. The district court did not make a legal determination that Defendant must register as a sex offender. Instead, it imposed the condition that he register only "if required by law."1 It is within a district court's discretion to impose a condition of supervised release that a defendant comply with mandatory legal duties. 18 U.S.C. 3553(a). Indeed, district courts commonly and properly impose a condition of supervised release that the defendant not violate federal, state, or local laws. We therefore reject Defendant's facial challenge to the condition 1 Defendant expresses concern that the district court's oral pronouncement at the sentencing hearing varies from its written pronouncement, quoted in text. Cf. United States v. Bergmann, 836 F.2d 1220, 1222 (9th Cir. 1988) (holding that, in cases of direct conflict between a court's oral pronouncement of sentence and the written judgment, the oral pronouncement controls). We see no direct conflict. In context, it is apparent that the condition placed on Defendant's supervised release was that he comply with federal and state sex-offender registration requirements. If those requirements do not apply to him, then compliance with the district court's oral pronouncement requires nothing of him. Case: 10-30202 03/14/2011 Page: 3 of 3 ID: 7678445 DktEntry: 13-1 UNITED STATES v. W.P.L. 3545 of supervised release. See United States v. T.K.N., 286 F. App'x 388, 389-90 (9th Cir. 2008) (unpublished) (rejecting a facial challenge to a nearly identical condition of supervised release). Our decision does not foreclose an as-applied challenge in some later proceeding should the district court revoke Defendant's release and should Defendant seek to challenge whether he was subject to the particular registration law at issue. In this appeal, though, the question whether Defendant must in fact register under federal or state law is not ripe for decision. See id. at 390 n.2 (holding that the defendant may bring an as-applied challenge to a nearly identical condition of supervised release only if the district court later revokes supervised release). AFFIRMED.

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