Thursday, March 06, 2014

United States v. Bainbridge, No. 30017 (3-6-14) (Bea with O'Connor and Tallman).

This is a change in conditions of SR case.  The defendant pled to assault with intent to kidnap.  He served his sentence, and upon his release, the probation officer asked to modify his SR conditions to reflect sex offense conditions.  The assault involved a sexual assault and the court had imposed a registration requirement.  The probation officer wanted more.  The court ordered a sexual deviancy evaluation be performed before he imposed additional requirements.  On appeal, the defendant argued that the court lacked jurisdiction to modify conditions absent changed circumstances or new rehab approaches.  He also argued that the court erred.  He lost on both points.  The 9th held that under 3583(e)(2) the court had the jurisdiction and power to modify even absent a change.  The statute does not restrict jurisdiction to changes.  The court possesses the power.  The 9th sides with the 8th and 10th circuits on this.  The 9th also found no error given the circumstances of the offense and the need to protect the community and address the offense.  Moreover, the court was gathering information so he would not have to impose unneeded or unnecessary conditions.


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