Monday, September 05, 2022

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 9th  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.


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