Tuesday, October 23, 2012

U.S. v. Wolf Child, No. 11-30241 (10-23-12) (Reinhardt with Schroeder and M. Smith).
Imposing conditions of SR on a defendant convicted of attempted sexual abuse on a minor child (16) while she was passed out at a party on an Indian Reservation, the district court prohibited any contact with his own daughters under the age 18 and prohibited him from dating anyone who had children under the age of 18.  The prohibitions were flat, complete, without exception, with no evidence presented as to why and no findings.  Defendant objected.  The judge replied:  "I understand. You may take that issue to the circuit if you wish to do so, counsel."  He did.  And the 9th vacated and remanded.  The 9th found that certain of the conditions violated fundamental familial associations without a basis in the record or in an individualized review.  The 9th held such conditions relating to his daughters and fiancee were substantively unreasonable and could not be reimposed on remand.  The 9th expressed concerns about other restrictions and held that the court, on remand, needed to exercise its discretion to determine if such conditions as to association were necessary and if so, to more narrowly tailor them, based on findings.

Congratulations to Dan Donovan, Deputy Federal Defender, Federal Defenders of Montana (Great Falls).


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