United States v. Juan Okamoto

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 2, 2021
• Docket: 20-50281
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 2 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-50281

Plaintiff-Appellee, D.C. No. 2:06-cr-00545-SVW-2

v. MEMORANDUM* JUAN OKAMOTO, AKA Flaco, AKA Junio, AKA Karante, AKA Junio Karante, AKA Juan Antonio Okamoto, AKA Jose Antonio Perales, AKA Tito,

Defendant-Appellant.

Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding

Submitted July 19, 2021**

Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.

Juan Okamoto appeals from the district court’s judgment revoking

supervised release and challenges three conditions of supervised release imposed

upon revocation. We have jurisdiction under 28 U.S.C. § 1291. Reviewing de

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). novo, see United States v. Watson, 582 F.3d 974, 981 (9th Cir. 2009), we vacate

the challenged conditions and remand.

We agree with the parties that standard conditions of supervised release five,

six, and fourteen, which were reimposed by the district court upon revoking

Okamoto’s supervised release, are unconstitutionally vague. See United States v.

Evans, 883 F.3d 1154, 1162-64 (9th Cir. 2018). Accordingly, we vacate these

conditions and remand to the district court to impose whatever alternative

conditions it deems appropriate. See United States v. Ped, 943 F.3d 427, 433-34

(9th Cir. 2019).

VACATED and REMANDED with instructions.

2 20-50281