US v. Magdaleno, No. 20-10390 (8-11-22)(Clifton w/M. Smith & Reiss). Siblings don’t qualify as an “intimate familial relationship”? At least not under plain error, and on this record, which involves a SR condition for the defendant, a member of the East Las Casitas Norteno street gang, not to associate with fellow gang members. His siblings and half-siblings are members of the gang. The 9^th  considers Wolf Child, which holds that certain close family ties are fundamental liberty interests that need special findings and proof. The relationship with brothers and half-brothers, on this record, did not rise to such a relationship. The court did not procedurally err by failing to make certain findings; and did not err in imposing this condition on the record.

 

https://cdn.ca9.uscourts.gov/datastore/opinions/2022/08/11/20-10390.pdf