Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Ochoa

United States Court of Appeals, Ninth Circuit

July 29, 2019

United States of America, Plaintiff-Appellee,
v.
Larry Ochoa, Defendant-Appellant.

          Submitted May 17, 2019 [*] San Francisco, California

          Appeal from the United States District Court for the Eastern District of California Lawrence J. O'Neill, Chief District Judge, Presiding No. 1:08-cr-00262-LJO-1.

          Gary P. Burcham, Burcham & Zugman, San Diego, California, for Defendant-Appellant.

          Vincente A. Tennerelli, Assistant United States Attorney; Camil A. Skipper, Appellate Chief; McGregor Scott, United States Attorney; United States Attorney's Office, Fresno, California; for Plaintiff-Appellee.

          Before: Sandra S. Ikuta and Morgan Christen, Circuit Judges, and Brian M. Morris, [**] District Judge.

         SUMMARY [***]

         Criminal Law

         The panel reversed in part and affirmed in part the district court's judgment in a case in which the district court revoked the defendant's supervised release on the ground that he violated a special condition that, among other things, prohibited him from frequenting a place whose primary purpose is to provide access to material depicting and/or describing sexually explicit conduct.

         Referencing the dictionary definitions of "frequent," the panel reversed the district court's finding that the defendant violated the condition by visiting an adult-themed business only once.

         The panel rejected the defendant's contentions that the special condition is unconstitutionally vague, is overbroad, and deprived him of more liberty than reasonably necessary. The panel wrote that the condition is not meaningfully distinguishable from a condition this court approved in United States v. Gnirke, 775 F.3d 1155 (9th Cir. 2015), and properly abridges the defendant's right to free speech in order to effectively address his sexual deviance problem.

         The panel remanded for further proceedings.

          OPINION

          Morris, District Judge.

         Defendant-Appellant, Larry Ochoa, appeals the district court's finding that Ochoa "frequented" a prohibited place in violation of his supervised release special condition number nine. Ochoa also challenges the constitutionality of special condition nine on over-breadth and vagueness grounds. We possess jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a).

         I. Facts and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.