United States v. Wayne Partin

608 F. App'x 538

Opinions

MEMORANDUM

*

Wayne Partin pled guilty to accessing with intent to view child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). He appeals Special Condition 4 of his ten years of supervised release, which forbids him from knowingly acquiring materials that depict sexually explicit conduct as defined by 18 U.S.C. § 2256(2)(A). We have jurisdiction under 28 U.S.C. § 1291.

We review a challenge to a supervised release condition for an abuse of discretion. United States v. Weber, 451 F.3d 552, 557 (9th Cir.2006). “[W]e give considerable deference to a district court’s determination of the appropriate supervised release conditions,” recognizing that “a district court has at its disposal all of the evidence, its own impressions of a defendant, and wide latitude.” Id. (internal quotation marks omitted).

Although Special Condition 4 satisfied 18 U.S.C. § 3583(d)(1), the district court did not have the benefit of United States v. Gnirke, 775 F.3d 1155, 1163-65 (9th Cir.2015), when it rendered its decision in this case. Accordingly, we vacate Special Condition 4 and remand for the district court to impose a condition consistent with Gnirke.1

VACATED and REMANDED for further proceedings consistent with this disposition.

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

1 . Although Partin appeals only the first sentence of Special Condition 4 and we find no error in the condition’s remaining provisions, we vacate the condition in its entirety so the district court can consider it as a whole.