United States v. Brian Cossey

649 F. App'x 470

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 29, 2016
• Docket: 15-30191
• Status: Unpublished

Opinion

MEMORANDUM **

Brian Paul Cossey appeals from the district court’s judgment and challenges a special condition of supervised release imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.

Cossey contends that the district court abused its discretion by imposing a condition of supervised release that prohibits him from acquiring, possessing, or viewing materials that depict “sexually explicit conduct,” as defined in 18 U.S.C. § 2256(2)(A), and deemed inappropriate by Cossey’s probation officer and sex offender treatment provider. We have approved a number of conditions related to sex offenders. However, consistent with our sister circuits, we recently held that a condition that extends to non-pornographic materials involving adults deprives a defendant of more liberty than is reasonably necessary. See United States v. Gnirke, 775 F.3d 1155, 1165-66 (9th Cir.2015). We, therefore, vacate the condition as written and remand for the district court to reimpose the condition consistent with Gnirke. See id. at 1166.

VACATED and REMANDED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.