Friday, May 13, 2016

US v. LaCoste, No. 15-30001 (5-12-16)(Watford, Berzon and Walter, Sr. D.J.). 
Two overly broad SR conditions are vacated: use of the Internet and prohibiting residence in certain counties.  The defendant pled to conspiracy to commit securities fraud.  At sentencing, the court forbid his use of the internet upon release because of alleged "rants" against some victims; and that the defendant couldn't live in certain counties so he would not go back to his "old ways" and to allow the community to "heal."

The 9th concluded that such provisions, even under "plain error," were overbroad.  The offense did not make specific use of the internet (as, for example, in computer child porn); nor had he used the internet improperly in the past.  Given the omnipresence of the internet, a person has to make use to reintegrate.  The community prohibition was also too broad.  The court did not state the specific reasons as to preclude him except that some victims lived in the counties, and that was where the fraud too place.

The decision is here:


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