United States v. Keegan Van Tuyl

401 F. App'x 283

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 28, 2010
• Docket: 10-30020
• Status: Unpublished

Opinion

MEMORANDUM **

Keegan C. Van Tuyl appeals from the sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291. We affirm in part, vacate in part, and remand.

Van Tuyl’s sole contention is that the supervised release condition prohibiting association with Neo-Nazi/white supremacist affiliates is unconstitutionally over-broad. The government agrees that the judgment should be changed to explicitly reflect that the condition prohibits association -with known neo-Nazi/white supremacist affiliates. Under these circumstances, we vacate the challenged condition and remand for the district court to re-sentence in a manner consistent with this opinion. See, e.g, United States v. Ross, 476 F.3d 719 (9th Cir.2007). The sentence is affirmed in all other respects.

VACATED in part; AFFIRMED in part; and REMANDED.

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