United States v. Ryan Clarke

MEMORANDUM

The district court expressly determined that “[t]he defendant’s criminal history places him in criminal history category 5.” In doing so, the court necessarily rejected Clarke’s requests for downward departures and therefore complied with Federal Rule of Criminal Procedure 32. See United States v. Rogers, 119 F.3d 1377, 1384-85 (9th Cir.1997) (finding that a district court complied with Rule 32 by implicitly resolving an objection to the PSR).

Clarke’s challenges to two conditions of supervised release similarly fail. First, the condition requiring Clarke to “notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer” is not unconstitutionally vague because “men of common intelligence” needn’t “guess at its meaning and differ as to its application.” United States v. Hugs, 384 F.3d 762, 768 (9th Cir.2004). Second, the condition requiring Clarke to “permit a probation officer to visit him ... at any time at home or elsewhere” is not unreasonable under the Fourth Amendment, see Samson v. California, 547 U.S. 843 , 857, 126 S.Ct. 2193 , 165 L.Ed.2d 250 (2006), nor is it constitutionally overbroad or vague, or statutorily a…