Wednesday, November 23, 2011

U.S. v. Rudd, No. 10-50254 (11-23-11) (Wardlaw with Berzon and Whyte, D.J.).

The defendant pled to traveling to a foreign country to engage in illicit sexual conduct in violation of 18 U.S.C. 2423(c). He agreed to a special condition of not residing within direct view of places (listed) where persons under the age of 18 frequent. At sentencing, the court imposed a more restrictive condition, stating that he could not reside within 2000 feet of such places. This "special" special condition was appealed. The 9th held that the court committed procedural error by failing to articulate or explain why 2000 feet was necessary. The usual special condition of not having a room with a view seemed to serve the purpose shielding the defendant from temptation. Indeed, a survey of other states and districts reveal that a "view" condition was widely accepted; while even a 1000 foot condition caused some concern as creating a ban on residency. The 9th did not address the substantial reasonableness of 2000 feet given the procedural error. The sentence is vacated and remanded for resentencing.

Congratulations to AFPD Jonathan Libby of the FPD Office of CD Calif (Los Angeles).


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